Here is the state-court complaint recently filed by Mekhala Sofsky against her former employer the Doughnut Plant. She alleges pregnancy discrimination under the New York State and New York City Human Rights Laws.
Read More Pregnancy Discrimination Lawsuit Against Doughnut PlantOne of the ways to establish “pretext” in the employment discrimination/retaliation analysis is to point to “inconsistent employer explanations” for the employee’s termination. That is what happened in Encarnacion v. Isabella Geriatric Center, decided by the Southern District of New York on December 12, 2014. There, plaintiff, a nurse, alleged (among other things) that she…
Read More Court Denies Defendants’ Motion for Summary Judgment on Plaintiff’s Retaliation Claims, Citing Inconsistent and Contradictory Explanations for TerminationHere is the complaint recently filed by plaintiff against his employer, Wall Street Languages, Ltd. (d/b/a Rennert International), alleging sexual harassment. Specifically, plaintiff claims that his male supervisor subjected him to numerous instances of harassing conduct, including asking plaintiff about the size of his penis and inviting him to an all-male, naked pool party.
Read More Same-Sex Sexual Harassment Lawsuit Against Wall Street Languages d/b/a Rennert InternationalIn Bencebi v. Baywood Realty, LLC, a stairway-fall personal injury case, the Appellate Division, Second Department reversed the lower court’s order granting summary for defendant. That is, plaintiff’s case continues to trial. Here are the facts: [Plaintiff sued] to recover damages for personal injuries allegedly sustained by her when she fell while descending an interior…
Read More Lack of Handrail Cited in Denial of Summary Judgment to Defendant in Stair-Fall Personal Injury CaseIn Lewis v. Blackman Plumbing Supply Co. 51 F. Supp. 3d 289 (SDNY 2014), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s claims that defendants terminated him because of his hip-related disability, failed to accommodate him, and subjected him to a hostile work environment. As to plaintiff’s discriminatory-discharge claim,…
Read More Evidence, Including Derogatory Comments About Plaintiff’s Walk, Was Sufficient to Overcome Summary Judgment on Plaintiff’s Disability Discrimination ClaimsA recent Second Department case, Martino v. Patmar Properties, Inc., illustrates the operation of the summary judgment procedure in a premises liability case. There, the plaintiff’s father was injured when he fell in an apartment he rented from the defendant. The court explained the general law: A property owner has a duty to maintain the property…
Read More Tenant v. Landlord Injury Case ContinuesHere is the employment discrimination complaint, filed 12/29/14 in the NY County Supreme Court, against Reem Bridals LLC et al. In it, plaintiff alleges disability discrimination under the New York City Human Rights Law. She alleges that defendant fired her shortly learning of her diagnosis with and hospitalization for a liver tumors, failed to accommodate her…
Read More Liver Tumor Disability Discrimination LawsuitHere is the lawsuit recently filed by a teacher against the New York City Department of Education and principal Howard Kwait. Plaintiff alleges sexual harassment/hostile work environment and retaliation. For example, she alleges that the principal, Howard Kwait, made numerous sexual advances toward her, including on one occasion straddled and touched plaintiff and simulated sexual…
Read More Teacher Sues School (John Bowne) and Principal Howard Kwait for Sexual Harassment/Hostile Work Environment and RetaliationFrom Mamadou S. v. Feliciano, decided December 23, 2014 by the Appellate Division, First Department: Plaintiff, at the time an eighth grade student, was injured when he darted or was pushed into the street and was hit by a car while playing tag in front of his school. Although the driver of the car was…
Read More Eighth Grade Student Hit By Car May Continue LawsuitIn Gayle v. Harry’s Nurses Registry, Inc., 594 F.App’x 714 (2d Cir. 2014) (Summary Order), the court held that the plaintiffs were indeed employees, and not independent contractors. The decision is instructive as to the factors bearing on that analysis. Plaintiffs, a class of nurses, sued to recover unpaid overtime under the Fair Labor Standards…
Read More Nurses Were Employees, Not Independent Contractors, Court Holds