Employment Discrimination

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In Casablanca v New York Times Co., 47 Misc 3d 1215(A), 2015 NY Slip Op 50629(U) (N.Y. Sup. Ct. N.Y. Cty. April 17, 2015), the court granted defendant’s motion for summary judgment on plaintiff’s employment discrimination claims. This case underscores the necessity in an employment discrimination case of establishing a link between a protected characteristic…

Read More Court Dismisses Disability Discrimination Claim, Rejecting “Smoking Gun” Email
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Title VII of the Civil Rights Act of 1964 prohibits “disparate treatment”, or intentional discrimination, based on religion by making it unlawful for an employer to, among other things, “fail … to hire … any individual … because of such individual’s … religion”. 42 U.S.C. § 2000e–2(a)(1) (emphasis added). In Equal Employment Opportunity Commission v. Abercrombie &…

Read More U.S. Supreme Court Revives Muslim’s Bias Claim Against Abercrombie
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In a lawsuit filed on May 6, 2015 in the Supreme Court of the State of New York and captioned Hayblum v. Life Alert Emergency Response, Inc. et al, plaintiff alleges that his former employer – the company known for its “Help, I’ve fallen and I can’t get up!” advertisements – subjected him to employment…

Read More Employment Discrimination Lawsuit Against the “I’ve Fallen and I Can’t Get Up” Company
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According to a recent article, employers may be finding new ways to mask age discrimination in hiring – namely, by advertising and/or stating a preference for so-called “digital natives.” A “digital native” – as opposed to a “digital immigrant” – has been defined as “a person who was born just before during or after the general…

Read More Ads Seeking “Digital Natives” May Evidence Age Discrimination
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The Appellate Division, First Department, in Matter of Law Offs. of Oliver Zhou, PLLC v. New York State Div. of Human Rights, 2015 NY Slip Op 04569 (App. Div. 1st Dept. May 28, 2015) recently upheld the determination of the State Division of Human Rights that the petitioners violated the State Human Rights Law. In…

Read More Termination After Showing Employer Sexual Harassment Complaint Supports State Division Award
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In Orange v. Leake & Watts Inc., No. 13-CV-6110 KBF, 2015 WL 2340649 (S.D.N.Y. May 15, 2015), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s race discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. Plaintiff, an African American assistant teacher, alleged “that she suffered an adverse employment…

Read More Court Dismisses Race Discrimination Claim; Disciplinary Notice and Negative Evaluation Were Not “Adverse Employment Actions”
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In Leon v. NYC Dept. of Education, a Summary Order dated May 22, 2015, the Second Circuit vacated the dismissal of plaintiff’s age/disability discrimination, retaliation, and accommodation claims, and held that a finding pursuant to NY Education § 3020-a that a teacher was fired for “cause” does not necessarily preclude a viable claim for (e.g.) discriminatory termination…

Read More Employment Discrimination Claims Not Collaterally Estopped By Finding That Teacher Was Fired For “Cause” Under New York Education Law § 3020-a
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A recent decision, Moultrie v. NYS Dep’t of Corr. & Cmty. Supervision, No. 13-CV-5138 NSR, 2015 WL 2151827 (S.D.N.Y. May 7, 2015), elaborates on how to prove employment discrimination with so-called “comparator” evidence. In this case, plaintiff, a Corrections Officer trainee at Sing Sing prison, was fired for, among other things, bringing a SIM card…

Read More Gender Discrimination Complaint Dismissed; Alleged Male Comparators Engaged in Less Serious Conduct
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Here is the federal court complaint filed by Philippa Okoye against her employer deVere Group on May 18, 2015. She alleges hostile work environment sexual harassment, gender discrimination, associational race discrimination (in light of her husband, Lawrence Okoye’s, race), religion-based discrimination, and retaliation under the New York City Human Rights Law.

Read More Philippa Okoye’s Employment Discrimination Lawsuit Against DeVere Group
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In Cooney v. City of New York Dept. of Sanitation, 2015 NY Slip Op 03465 (App. Div. 1st Dept. Apr. 28, 2015), the Appellate Division, First Department reversed a lower court decision to dismiss plaintiff’s failure-to-hire disability discrimination claims for failure to state causes of action under the New York State and New York City Human…

Read More Psoriasis-Suffering Plaintiff Suffiiently Pleads Disability Discrimination
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