The New York State legislature is in the process of reviewing/amending the New York State Human Rights Law regarding sexual harassment. The bill(s) under consideration are S3817A / A7083A. Currently, victims of sexual harassment in New York City enjoy protection under three statutes: Title VII of the Civil Rights Act of 1964 (federal law), the…
Read More Proposed Changes to New York State’s Sexual Harassment LawIn Kasperek v. New York State Department of Corrections and Community Supervision, 16-cv-00671, 2019 WL 2240391 (W.D.N.Y. May 24, 2019), the court denied defendant’s motion to dismiss plaintiff’s claim of gender discrimination. From the decision: Plaintiff has adequately alleged a claim for sex discrimination. The amended complaint contains several allegations relevant to an adverse employment…
Read More Sex Discrimination Claim Plausibly AllegedIn Doyle v. Temco Serv. Indus., Inc., 2019 NY Slip Op 03919 (App. Div. 1st Dept. May 21, 2019), the court held that defendant was entitled to discovery of plaintiff’s social media accounts – albeit not to the extent that defendant demanded. From the decision: Private social media information can be discoverable to the extent…
Read More Social Media, Passport Discovery Ordered in Personal Injury CaseIn employment law, a “constructive discharge” occurs when an employer intentionally creates an intolerable work atmosphere that forces the plaintiff to quit involuntarily. See Andersen v. Rochester City Sch. Dist., 481 Fed.Appx. 628, 632 (2d Cir.2012); see also Walsh v. Scarsdale Union Free School District, 2019 WL 1316486 (S.D.N.Y. 2019) (“In addition to an objectively…
Read More Threats of Termination & Constructive DischargeIn Emengo v. Stark, 2019 WL 2206250 (2d Cir. May 22, 2019) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s failure-to-promote race/national origin discrimination claim. After summarizing the law, the court explained: While Defendants sufficiently established non-discriminatory reasons for the failure to promote Emengo, he has failed to present sufficient evidence that…
Read More Citing “Stray Remarks” Doctrine, 2d Circuit Affirms Dismissal of Plaintiff’s Discrimination ClaimIn Simon v. City of New York, 17-cv-9575, 2019 WL 916767 (S.D.N.Y. Feb. 14, 2019), the court, inter alia, dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA) because she did not sufficiently allege an “adverse employment action.” Specifically, this decision is instructive as to whether and to what extent a schedule…
Read More ADA Disability Discrimination Claim Dismissed; Schedule Change Was Not an “Adverse Employment Action”In Edun v. Envirosell, Inc., 2019 NY Slip Op 31384(U), Index No. 155211/2016 (Sup. Ct. NY Cty. May 17, 2019), the court dismissed plaintiff’s discrimination claims. This decision provides a good overview of the interpretation and application of the New York City Human Rights Law. Here is how the court addressed one of plaintiff’s allegations:…
Read More Terrorist “Joke” Insufficient to Demonstrate DiscriminationIn McIntyre v. Corning Incorporated, 15-cv-6277, 2019 WL 2140625 (W.D.N.Y., 2019), the court, inter alia, dismissed plaintiff’s Title VII hostile work environment claim, finding that plaintiff did not show that he was subjected to a hostile work environment within 300 days of his EEOC complaint. In this case, plaintiff alleged (inter alia) that he was…
Read More Untimely, Non-Gender Based Conduct Did Not Amount to a Hostile Work Environment Claim, Court HoldsIn Montanez v. McDean LLC, 2019 WL 2153298 (2d Cir. May 16, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. The law, as summarized by the court: To establish a hostile work environment claim, a plaintiff must show, inter alia, that “the workplace was permeated with…
Read More Hostile Work Claim Dismissal Affirmed; Additional Work, Reprimands, Etc. Insufficient__In Torres v. New York City Dept. of Education, 18-cv-2156, 2019 WL 2124891 (E.D.N.Y. May 15, 2019), the court, inter alia, denied defendant’s motion for dismissal on the pleadings (under FRCP 12(c)) of plaintiff’s failure to accommodate claim under the Americans with Disabilities Act. The court summarized the law as follows: An employer is liable…
Read More Citing Factual Issues, Court Declines to Dismiss ADA Failure to Accommodate Claim on the Pleadings