Employment Discrimination

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In Sands v. New Paltz Central School District, a race discrimination case, the Second Circuit vacated the district court’s order granting defendants’ motion for summary judgment. Citing the Supreme Court’s decision in Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000), the court explained: [A] plaintiff’s prima facie case … when combined with sufficient evidence…

Read More Second Circuit Revives Race Discrimination Case, Citing SCOTUS “Reeves” Decision
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Unfortunately for New York workers, New York has a notoriously weak workplace “whistleblower law”. Its general whistleblower statute, NY Labor Law § 740, provides (in pertinent part): An employer shall not take any retaliatory personnel action against an employee because such employee does any of the following: (a) discloses, or threatens to disclose to a…

Read More Whistleblower Claim Dismissed; Supervisor Assault Was Not a Qualifying Legal Violation
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In Davis v. New York City Dep’t of Educ., 804 F.3d 231 (2d Cir. 2015), the Second Circuit squarely rejected the argument that “the denial or reduction of a discretionary bonus is categorically insufficient to constitute an adverse employment action.” In this case, plaintiff (a substitute teacher) took a four-month leave of absence from work…

Read More Denial of “Discretionary” Bonus Can Still Be An “Adverse Employment Action”
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In Bacchus v. New York City Dep’t of Educ., No. 12 CV 1663 PKC, 2015 WL 5774550 (E.D.N.Y. Sept. 30, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s (a black woman of Guyanese national origin) claims of employment discrimination and hostile work environment. This case provides a helpful analysis of whether alleged…

Read More Race, National Origin Discrimination Claims Survive Summary Judgment; Alleged Discriminatory Comments Were Not “Stray Remarks”
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The Northern District of New York’s recent decision of Saile v. New York Dep’t of Motor Vehicles, No. 5:13-CV-1394 ATB, 2015 WL 6962688 (N.D.N.Y. Nov. 9, 2015) reminds us that a plaintiff alleging a sex-based hostile work environment must do more than merely allege that they were made “uncomfortable” by sexual comments – here, alleged…

Read More Alleged Lewd Comments About DMV Customers, Bowling Buttocks Text, Etc. Insufficient to Establish Hostile Work Environment
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In White v. Andy Frain Servs., Inc., No. 14-3332-CV, 2015 WL 6684485 (2d Cir. Nov. 3, 2015), the Second Circuit affirmed the dismissal of plaintiff’s (a black Jewish man) employment discrimination claims. Plaintiff “assert[ed] that Andy Frain discriminated against him by failing to give him a raise, providing unequal terms and conditions of employment, retaliating…

Read More Court Explains Dismissal of Religious Discrimination (Including Failure to Accommodate) Claims
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In a recent Manhattan federal lawsuit, captioned Jose Alcantara v. Bed Bath & Beyond Inc. and Kellie Marsalli, SDNY 15-cv-08770 (filed 11/6/15), plaintiff (a Muslim cancer survivor) alleges that he was subjected to a hostile work environment, retaliated against, denied a raise and promotion, and terminated based upon his religion. Plaintiff alleges, among other things, that defendant(s)…

Read More Muslim’s Religious Discrimination Lawsuit Against Bed Bath & Beyond
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In Najnin v. Dollar Mountain, Inc., No. 14CV5758, 2015 WL 6125436 (S.D.N.Y. Sept. 25, 2015), the court provides some insight into how damages are determined when a defendant defaults in an unpaid wages/employment discrimination (sexual harassment) case. The court held, among other things, that plaintiff was not entitled to any back pay damages, and to…

Read More Court Explains Damages in Sexual Harassment/Unpaid Overtime Case Upon Defendant’s Default
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On October 21, 2015, Governor Cuomo signed into law several bills, collectively known as the “Women’s Equality Act” (Assembly Bill No. A08070), that will accord greater protections to women in the workplace. These new laws will take effect 90 days after signing, in January 2016. According to the Governor’s website, this legislation “will help to ensure that…

Read More Governor Cuomo Signs “Women’s Equality Act”
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In Ragoo v. New York City Taxi & Limousine Comm’n, No. 101970/08, 2015 WL 6181750 (N.Y. App. Div. Oct. 22, 2015), the court affirmed the dismissal of plaintiff’s claims for retaliation and disability discrimination (failure to accommodate) under the New York State Human Rights Law because plaintiff failed to establish that she suffered an “adverse employment…

Read More Transfer and Reassignment Were Not “Adverse Employment Actions”; Disability Discrimination and Retaliation Claims Properly Dismissed
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