2021

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In Akhtar v. Saudia d/b/a Saudi Arabian Airlines Corp., 2021 WL 1758807 (S.D.N.Y. May 4, 2021), the court held, inter alia, that plaintiff sufficiently alleged national origin and gender-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. As to…

Read More Gender and National Origin-Based Hostile Work Environment Claims Continue Against Saudi Arabian Airlines
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In Ramos v. Metro-North Commuter Railroad et al, 2021 WL 1740644 (N.Y.A.D. 1 Dept., May 04, 2021), the court held that plaintiff presented enough evidence to defeat defendants’ motion for summary judgment on plaintiff’s claims of discriminatory termination, failure to accommodate, hostile work environment, and retaliation. As to plaintiff’s wrongful termination claim, the court held…

Read More Disability Discrimination, Hostile Work Environment, Retaliation Claims Survive Against Metro-North
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In Matter of New York State Division of Human Rights v. GSN Transportation et al, No. 89, TP 20-01098, 2021 N.Y. Slip Op. 02629, 2021 WL 1711190 (N.Y.A.D. 4 Dept., Apr. 30, 2021), the court (a) unanimously confirmed a determination of the New York State Division of Human Rights which found that respondents GNS Transportation…

Read More Court Upholds Finding of Disability-Based Hostile Work Environment and Award of $7,500 in Compensatory Damages Against GSN Transportation
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In Louise v Hampton Jitney, Inc., 2021 NY Slip Op 02251 (App. Div. 1st Dept. April 13, 2021) – a personal injury case – the court affirmed the preclusion of defendant’s expert from testifying at trial or the use of his expert report. From the decision: Preclusion of expert evidence on the ground of failure…

Read More Court Precludes Expert Testimony and Report, Based on Demanded But Undisclosed Evidence
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In a recent case, Matter of Arbitration between New York Office for People With Developmental Disabilities, No. 531029, 2021 N.Y. Slip Op. 02579, 2021 WL 1676979 (N.Y.A.D. 3 Dept. Apr. 29, 2021), the court upheld the lower court’s decision to vacate an arbitration award imposing, against an accused sexual harasser, a penalty the court deemed…

Read More Sexual Harassment Arbitration Non-Termination Penalty Violated Public Policy
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In Smyth v. City of New York, No. 157294/2017, 2021 WL 1667153 (N.Y. Sup Ct, New York County Apr. 28, 2021) – an employment discrimination case – the court granted defendants’ motion for a protective order, and precluded plaintiff from conducting a deposition of its Acting General Counsel Sanford Cohen, on the ground that such…

Read More Discrimination Plaintiff Not Entitled to Depose City Counsel
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In Rodriguez v City of New York, No. 13662, 2019-5301, 28675/18, 2021 N.Y. Slip Op. 02477, 2021 WL 1566826 (N.Y.A.D. 1 Dept., Apr. 22, 2021), an employment discrimination case, the First Department unanimously affirmed the dismissal of plaintiffs’ complaint due to their failure to file a Notice of Claim as required by Education Law §…

Read More Dismissal of Discrimination Claims Against NYC Dept. of Education Affirmed Due to Failure to Comply With Notice of Claim Requirement
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In Murray v. Williamsville Central School District, 2021 WL 1610201 (WDNY April 26, 2021), the court, inter alia, dismissed various constitutional claims asserted by plaintiff – a middle school teacher – who alleges that his employer (the defendant school district) deprived him of his liberty interest in his reputation and free speech rights after he…

Read More Court Dismisses Teacher’s Section 1983 & 1st and 14th Amendment Claims Arising From Alleged Showing of Pornographic Film to Students
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In Blanc v. The City of New York et al, No. 154032/2020, 2021 WL 1022595, 2021 N.Y. Slip Op. 30837(U) (N.Y. Sup Ct, New York County Mar. 17, 2021), the court, inter alia, held that plaintiff – a 57 year-old Black man of Haitian national origin – sufficiently alleged facts to make out a claim…

Read More Age/Race/Color/National Origin Discrimination Claims Sufficiently Alleged; Plaintiff Alleges Dilution of Job Responsibilities, Demotion, and Salary Reduction
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