Employment Discrimination

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In Tulino v. City of New York, No. 15-CV-7106 (JMF), 2016 WL 2967847 (S.D.N.Y. May 19, 2016), the court held that plaintiff sufficiently alleged a gender-based hostile work environment claim under the NYC Human Rights Law. In her amended complaint, plaintiff alleged (among other things) that defendant “created and perpetuated a culture that essentially required female…

Read More Plaintiff States Hostile Work Environment Sexual Harassment Claim; Alleges She Was Called a “Slut” and “Dick Climber”
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In Menghini v. Neurological Surgery, P.C., No. CV 15-3534, 2016 WL 3034482 (E.D.N.Y. May 24, 2016), the court denied defendants’ motion to dismiss plaintiff’s sexual harassment and whistelblower claims, as well as defendants’ motion to strike “redundant, immaterial, impertinent and scandalous” material from plaintiff’s complaint. The facts, briefly and as summarized by the court (here’s plaintiff’s…

Read More Plaintiff States Hostile Work Environment Claim Based on Allegations of “Sexually Charged” Comments
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In Goodwine v. City of New York, No. 15-CV-2868 (JMF), 2016 WL 3017398 (S.D.N.Y. May 23, 2016), the court denied defendants’ FRCP 12(b)(6) motion to dismiss plaintiff’s retaliation and gender/race disparate treatment claims. Plaintiff, an African American woman employed by the NYC Dept. of Information & Telecommunications, sufficiently alleged retaliation by alleging that (1) she…

Read More Plaintiff Sufficiently Alleges Retaliation and Gender/Race Discrimination (But Not Hostile Work Environment)
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The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a publication, titled “Employer-Provided Leave and the Americans with Disabilities Act“. A reasonable accommodation is, generally, “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” That can include making…

Read More EEOC Discusses Leave as a Reasonable Accommodation Under the Americans With Disabilities Act
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A recent decision, Kelly v. Times/Review Newspapers Corp., 14-cv-2995, 2016 WL 2901744 (E.D.N.Y. May 18, 2016), illustrates how courts are applying the newly-amended Federal Rules of Civil Procedure in employment cases. In this employment discrimination case, plaintiff “seeks compensatory damages, alleging that he suffered actual anguish, embarrassment, suffering, and humiliation as result of his wrongful involuntary termination…

Read More Court Applies Amended Discovery Rule to Discovery Demands Seeking Information Relating to Claimed Emotional Distress in Age Discrimination Case
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In Love v. Premier Util. Servs., LLC, No. 15-cv-5698, 2016 WL 2853532, at (E.D.N.Y. May 13, 2016), the court denied defendants’ motion to dismiss plaintiff’s claims of race discrimination (wrongful termination) and racially hostile work environment claims. Race Discrimination As to plaintiff’s race discrimination claim, Eastern District Judge Spatt ruled: [T]he complaint in this case clearly…

Read More Allegations Including “N” Word Use and Racist Confederate Flag-Flying Supervisor Sufficient to Plausibly Allege Race Discrimination and Hostile Work Environment Claims
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In Dziedzic v. State Univ. of New York at Oswego, No. 15-11, 2016 WL 2620305 (2d Cir. May 9, 2016), the court affirmed the dismissal of plaintiff’s hostile work environment claim as time-barred. Specifically, plaintiff’s “claims arising out of unlawful employment acts that occurred from 2005 until she took her first medical leave on January…

Read More Continuing Violation Doctrine Held Inapplicable Where Incidents Were Not “Sufficiently Related”
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In Green v. Brennan, No. 14-613, 578 U.S. ___ (decided May 23, 2016), the Supreme Court held that the 45-day statute of limitations “clock” for purposes of a federal employee’s “constructive discharge” claim begins running on the date of the employee’s resignation, rather than on the date of the alleged discriminatory actions prompting the employee’s…

Read More SCOTUS Holds That a Constructive Discharge Claim Accrues on the Resignation Date for Statute of Limitations Purposes
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In Magnusson v. Cty. of Suffolk, No. 14-cv-3449, 2016 WL 2889002 (E.D.N.Y. May 17, 2016), the court dismissed plaintiff’s gender and sexual orientation-based hostile work environment claims. As to her sexual harassment claim, the court explained that too much time passed between the two incidents cited in support of that claim: There is little doubt…

Read More Court Dismisses Sexual Harassment (Hostile Work Environment) Claim; Too Much Time Beween Two Supporting Incidents
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In Mantione v. C. Berman Associates, 2016 NY Slip Op 30655(U) (NY Sup. Ct. March 4, 2016), the court discussed and applied the “single employer” rule. Defendant moved to dismiss plaintiff’s hostile work environment/sexual harassment allegations under the New York State Human Rights Law, on the ground that the entities involved have less than four…

Read More Court Holds Companies Were a “Single Employer” For Purposes of Aggregating Employees in Sexual Harassment Case
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