Employment Discrimination

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In Magnotti v. Crossroads Healthcare Mgmt. LLC, 14-cv-6679, 2016 WL 3080801 (E.D.N.Y. May 27, 2016), the court discusses the circumstances under which an individual may be held liable under the New York State and City Human Rights Laws. In this disability discrimination and retaliation case, plaintiff – a full-time supervising pharmacist – asserts that after…

Read More Court Discusses Individual Liability Under NYS and NYC Human Rights Laws in Disability Discrimination Case
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In In re Townsend, No. 15-43411-CEC, 2016 WL 2927522 (Bankr. E.D.N.Y. May 16, 2016), the court granted plaintiff’s motion for summary judgment that a judgment entered on a $450,000 jury verdict in Ganci v. U.S. Limousine Service and Raymond Townsend, EDNY 10-cv-3027, was non-dischargeable under the Bankruptcy Code. The Bankruptcy Code “exempts from discharge any debt for…

Read More Sexual Harassment Judgment Not Dischargeable in Bankruptcy, Court Holds
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In Gomez v. New York City Police Dep’t, No. 15-CV-4036 (AJN), 2016 WL 3212108 (S.D.N.Y. June 7, 2016), the court dismissed plaintiff’s claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the NYS and NYC Human Rights Laws. Election of Remedies Initially, the court held that plaintiff’s decision…

Read More Sexual Harassment (and Other) Claims Dismissed; Court Discusses and Applies Principles of Administrative Exhaustion, Election of Remedies, and Statute of Limitations
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Happy Flag Day! Did you know that in New York, it is unlawful for an employer to punish you for displaying the American flag on your person or work station? New York Labor Law § 215-c, titled “Discrimination against employees for displaying the American flag”, provides: 1. No employer, public or private, or such employer’s duly…

Read More Flag Discrimination
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In Altman v. New Rochelle Pub. Sch. Dist., No. 13-CV-3253 (NSR), 2016 WL 3181153 (S.D.N.Y. June 2, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s national origin discrimination claim. “In order to establish a prima facie case of discriminatory termination of employment [under Title VII], the plaintiff must show that she belongs to…

Read More Title VII Plaintiff Survives Summary Judgment on National Origin Discrimination Claim
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In Motta v. Glob. Contract Servs. Inc., No. 15 CV 8555 (LGS), 2016 WL 2642229 (S.D.N.Y. May 4, 2016), the court dismissed plaintiff’s retaliation and discriminatory pay claims as insufficiently pled. While the court held that the complaint was deficient, its decision is nevertheless instructive as to what must be alleged in order to survive a…

Read More SDNY Explains Discriminatory Pay, Retaliation Pleading Deficiencies
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In Alvarado v. Jeffrey, Inc., No. 14 CIV. 500 (NRB), 2016 WL 922216 (S.D.N.Y. Mar. 4, 2016), the court dismissed claims by plaintiff – a gay Hispanic man and salesman at high-end fashion store Just Jeffrey – for race and sexual orientation discrimination, retaliation, and constructive discharge. In dismissing plaintiff’s hostile work environment claims, Judge…

Read More SDNY Dismisses Race & Sexual Orientation Discrimination, Hostile Work Environment, Retaliation, and Constructive Discharge Claims Against Just Jeffrey and Nordstrom
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In Vangas v. Montefiore Med. Ctr., No. 15-1514-CV, 2016 WL 2909354 (2d Cir. May 19, 2016), the Second Circuit ruled for defendant on plaintiff’s claims that she was subjected to disability discrimination under the NYS and NYC Human Rights Laws, and that her COBRA notice was defective. In sum, plaintiff alleged that the defendant terminated…

Read More 2nd Circuit Considers NYSHRL Reasonable Accomodation Disability Discrimination; NYCHRL Applicability; COBRA Notice Requirements
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In a recent federal sexual harassment lawsuit, Coyle v. Canto Design Consultants, SDNY 16-CV-4052, the male plaintiff alleges (among other things) that defendant Joanne Del Prete-Rosten, the CEO of defendant Canto Design Consultants, “repeatedly subjected [plaintiff] to unwelcome sexual behavior and misconduct” and that “Canto terminated [plaintiff]’s employment after he complained about being subjected to sexual…

Read More Sexual Harassment/Hostile Work Environment Lawsuit Against Canto Design Consultants LLC and Joanne Del Prete-Rosten
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In Galbraith v. Westchester County Health Care Corp., 2016 NY Slip Op 04176 (App. Div. 2nd Dept. June 1, 2016), the court affirmed the trial court’s finding in favor of plaintiff, a perfusionist (Wikipedia definition here), on his whistleblower claim under New York Labor Law § 741. Here’s what happened: In October 2008, [plaintiff] was appointed as…

Read More Court Affirms $455K Award to Whistleblowing Perfusionist on Labor Law 741 Claim
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