Employment Discrimination

by

In Carter v. Verizon, decided January 20, 2015, the Southern District of New York dismissed all of plaintiff’s gender and age discrimination claims, except for his gender discrimination / hostile work environment claim under the New York City Human Rights Law (NYCHRL). After dismissing plaintiff’s federal and state law claims, the court proceeded to assess plaintiff’s…

Read More Male Employee (Barely) Survives Dismissal of Hostile Work Environment Claim Under the New York City Human Rights Law
Share This:
by

In the case of Vale v. Great Neck Water Pollution Control District, decided January 20, 2015, the Eastern District of New York held that the plaintiff sufficiently alleged various claims – including discrimination, failure to accommodate, and retaliation – under the Americans with Disabilities Act (ADA). Plaintiff alleged that she was subjected to unfair treatment in…

Read More Plaintiff Sufficiently Alleges Employment Discrimination Based on Disability (Broken Wrist)
Share This:
by

In Chiara v. Town of New Castle, decided January 14, 2015, the Appellate Division, 2nd Dept. explicitly recognized a cause of action for discrimination “by association” under the New York State Human Rights Law, codified at Executive Law § 296. Specifically, it concluded that a plaintiff alleging discrimination in employment on the basis of religion in…

Read More Anti-Semitic Comments Support Employment Discrimination Claim by Non-Jewish Employee Married to Jewish Woman
Share This:
by

In Idlisan v. Mount Sinai Medical Center (decided January 9, 2015), the Southern District of New York dismissed plaintiff’s claim that he was not hired because of his race, national origin, disability, and conviction history. Title VII In dismissing plaintiff’s Title VII claims, the court – citing Second Circuit precedent for the principle that “feelings and…

Read More Court Reiterates That Mere “Perception” of Discrimination is Insufficient to Survive Summary Judgment
Share This:
by

In Burhans and Rivera v. The State of New York (Sup. NY Index 152906/14), New York Supreme Court Judge Wooten held that plaintiff sufficiently alleged sexual harassment/hostile work environment (but not sex discrimination) claims against the defendant State. Plaintiffs allege in their complaint that, under the New York State Human Rights Law, the State of New…

Read More Burhans/Rivera Sexual Harassment/Hostile Work Environment Claims Continue Against New York State
Share This:
by

In Atkins v. Pitney Bowes Management Services et al., decided Jan. 12, 2015, Southern District of New York Judge Koeltl granted defendant’s motion for summary judgment on pro se plaintiff’s Title VII race and religious discrimination and retaliation claims. The court held that defendants proffered a non-discriminatory reason for plaintiff’s termination – namely, plaintiff’s failure…

Read More “You People” Remark Insufficient to Support Race Discrimination Claim
Share This:
by

In Dziedzic v. State University of New York at Oswego (decided Dec. 19, 2014), the Northern District of New York reiterated that, in order to establish a hostile work environment under Title VII of the Civil Rights Act of 1964, a plaintiff must establish two elements: [1] the workplace is permeated with discriminatory intimidation, ridicule,…

Read More Court Reiterates That Actionable Hostile Work Environment Must Be Related to Protected Class/Status
Share This:
by

In Turley v. ISG Lackawanna, the Second Circuit clarified the standards for awarding punitive damages in employment discrimination cases. It provides a good review of the law, as well as how it applies in specific cases. In this race discrimination case, the plaintiff “endured an extraordinary and steadily intensifying drumbeat of racial insults, intimidation, and…

Read More Second Circuit Weighs in on Punitive Damages in Employment Discrimination Cases
Share This:
by

In Sherman v. County of Suffolk, the Eastern District of New York addressed plaintiff’s discrimination claims under the Americans with Disabilities Act (ADA). The court held that plaintiff presented enough evidence to overcome summary judgment on his ADA discrimination claim: [W]hile the Plaintiff does not point to any direct evidence of discriminatory intent, such as derogatory…

Read More ADA-Based Discrimination and Retaliation, but not Hostile Work Environment, Claims Survive Summary Judgment
Share This:
by

In Gorman v. Covidien Sales, LLC, decided December 31, 2014, the Southern District of New York discussed the affirmative defense based on the so-called “after-acquired evidence” doctrine/defense. In this employment discrimination case, plaintiff sought “damages for alleged discrimination on the basis of military status and medical disability, retaliation, and intentional infliction of emotional distress during his…

Read More Defendants May Amend Answer to Assert the “After-Acquired Evidence” Defense in Discrimination Case Where Plaintiff Recorded Phone Conversations With Supervisor
Share This: