Employment Discrimination

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In Turner v. Manhattan Bowery Mgmt. Corp., 49 Misc. 3d 1220(A) (N.Y. Sup. Ct. 2015), the court held that plaintiff (an African American maintenance worker) presented sufficient evidence to overcome summary judgment on his race discrimination, hostile work environment, and retaliation claims. As to his hostile work environment claim, the court held: [P]laintiff presented sufficient…

Read More Plaintiff Overcomes Summary Judgment on Race Discrimination, Hostile Work Environment, and Retaliation Claims
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In Geras v. Hempstead Union Free Sch. Dist., No. 13-CV-5094(ADS)(AYS), 2015 WL 9182980 (E.D.N.Y. Dec. 17, 2015), the court noted that “although the standard for establishing a hostile work environment is high, … [t]he environment need not be unendurable or intolerable.” From the decision: [T]here is testimonial evidence that the Plaintiff was “harassed [and] belittled on…

Read More “Reverse” Race Discrimination Hostile Work Environment Claim Survives Summary Judgment
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In Bright v. Coca-Cola Refreshments USA, Inc., No. 14-4465-CV, 2015 WL 9261278 (2d Cir. Dec. 18, 2015), the Second Circuit affirmed the lower court’s decision granting summary judgment judgment, of plaintiffs’ race-based hostile work environment claims. As to the merits, the Second Circuit incorporated the district court’s analysis and conclusion, adding that “[m]any of the comments and incidents…

Read More Second Circuit Affirms Summary Judgment Dismissing Hostile Work Environment Claims; Says District Court Properly Declined to Consider Post-Deposition Affidavits
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In Dingle v. Bimbo Bakeries USA/Entenmann’s, No. 14-1215-CV, 2015 WL 8952903 (2d Cir. Dec. 16, 2015), the Second Circuit vacated the dismissal, for failure to state a claim under FRCP 12(b)(6), of plaintiff’s employment discrimination complaints. Plaintiff’s allegations, in a nutshell: Dingle alleged that a photo of a nude man resembling Dingle was distributed among employees who made…

Read More Second Circuit Revives “Perceived Sexual Orientation Discrimination” Claim
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It has been reported that Queens physical education teacher Peter Maliarakis has settled his “whistleblowing” retaliation lawsuit against the New York City Department of Education, Principal Namita Dwarka, and others. He alleges in his 2014 lawsuit (here and below), among other things, that the school administration retaliated against him after he told an Office of Special Investigation (OSI)…

Read More Grade-Changing Whistleblower Lawsuit Settled
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In Lopez v. Hollisco Owners’ Corp., No. 14-CV-3738, 2015 WL 7748358 (E.D.N.Y. Nov. 30, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA) and the NYC Human Rights Law. In sum, the court held that an employer may “condition an employee’s return to…

Read More Hepatitis Disability Discrimination Claim Dismissed Under the ADA’s “Business Necessity” Exception
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In Ihim v. St. Vincent’s Hosp. Westchester, No. 11 CIV. 8024 JCM, 2015 WL 5698038 (S.D.N.Y. Sept. 25, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s claims of race and national origin discrimination. Plaintiff – an African American man whose ancestors are from Nigeria – alleged that his suspension without pay was…

Read More “Where Are You From?” Held Not Probative of Discrimination; Title VII Race/National Origin Discrimination Claims Dismissed
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