Happy holidays to all! One of my favorite Christmas/seasonal movies is National Lampoon’s Christmas Vacation. In my view it’s full of memorable moments and quotable lines. See, e.g., “our motor home’s septic tank is at capacity!” As with most movies, there are also a host of legal issues lurking – which, to a law student…
Read More Clark Griswold’s BonusIn Scalercio-Isenberg v. Morgan Stanley Services Group Inc., 2019 WL 6916099 (S.D.N.Y. Dec. 19, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire gender discrimination under Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff] has failed to make out a prima facie case that she suffered age or gender discrimination when…
Read More Failure-to-Hire Gender Discrimination Claim Dismissed Against Morgan StanleyIn Singh v. Memorial Sloan Kettering Cancer Center et al, 2019 WL 6977106 (S.D.N.Y. Dec. 20, 2019), the court, inter alia, dismissed plaintiff’s claims of civil battery and intentional infliction of emotional distress as against various entities, finding that the doctrine of respondeat did not apply. From the decision: These two causes of action concern…
Read More Sexual Misconduct Claim Not Imputed Under Respondeat SuperiorA recent case, Lopez v. Uno Express Cleaners Inc., 18-cv-10737, 2019 WL 6873796 (SDNY Dec. 17, 2019), illustrates how courts evaluate settlement agreements under the Fair Labor Standards Act (FLSA), as mandated by the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). In this case, plaintiff, who was…
Read More FLSA Settlement Rejected in Light of Overbroad ReleaseIn Garcia v. NYC Health & Hospitals Corporation, 19 Civ. 997, 2019 WL 6878729 (S.D.N.Y. Dec. 17, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff’s complaint] describes an incident where Garcia was publicly questioned about his disability…
Read More Hostile Work Environment Claim Dismissed; Alleged Acts, While “Inappropriate”, Were Too Isolated to Be ActionableIn Matter of Oz Trucking and Rigging Corp., No. 2018-09771, 2486/17, 2019 N.Y. Slip Op. 09009, 2019 WL 6884935 (N.Y.A.D. 2 Dept., Dec. 18, 2019), the court confirmed a determination that the complainant suffered sexual harassment/hostile work environment, as well as the award of $7,500 for mental anguish and a civil fine/penalty of $10,000. As…
Read More Sexual Harassment Determination UpheldFrom JASMINE BROWN, Plaintiff, v. MONTEFIORE MEDICAL CENTER, et al., Defendants., 2019 WL 6878214 (S.D.N.Y., 2019): In my Opinion & Order, I observed that Defendant offered two non-discriminatory reasons “for Plaintiff’s termination: (1) Plaintiff’s act of working shifts during the leave she had been granted on December 5 and 6, 2013; and (2) Plaintiff’s failure…
Read More Court Denies Motion for Reconsideration of Summary Judgment Denial in Race Discrimination CaseIn Daeisadeghi v. Equinox Great Neck, Inc., 2019 WL 6843142 (2d Cir. Dec. 16, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s national origin-based hostile work environment claim. From the decision: The district court granted summary judgment in favor of Equinox after concluding that the harassment…
Read More Jokes About Accent Etc. Insufficient to Make Out Hostile Work Environment Claim, Court HoldsIn Barr v. Bass Pro Outdoor World, LLC, 17-cv-00378, 2019 WL 6828987 (N.D.N.Y. Dec. 13, 2019), the court granted summary judgment for defendant on plaintiff’s race-based hostile work environment claim. This case involves, inter alia, the application of the so-called “continuing violation doctrine”, and in particular the scenario where a portion of the alleged hostile…
Read More Hostile Work Environment Claim Held Time-Barred; Time Not Working for Defendant Couldn’t Be ConsideredIn Matter of Tenenbein v. New York City Dept. of Educ., 2019 NY Slip Op 08940 (App. Div. 1st Dept. Dec. 12, 2019), the court affirmed the dismissal of claims asserted by the plaintiff – a probationary employee – under the New York Civil Service Law (§ 75-b), and the New York City Human Rights…
Read More Probationary Teacher’s Termination Upheld; Alleged Learning Disability Did Not Form Basis For Discrimination Claim