Employment Discrimination

In Juarez v. Northwestern Mutual Life Insurance Co., the Southern District of New York held that plaintiff stated a claim under 42 U.S.C. 1981 for discrimination against aliens without green cards. Section 1981 prohibits both public and private actors from discriminating on the basis of race or alienage in the making and enforcement of contracts,…

Read More Job Applicant Successfully Alleges Alienage Discrimination Based on Policy Targeting Legal Aliens Without Green Cards
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In Cullen v. Verizon Communications, No. 14-CV-464S, 2014 WL 6627494 (W.D.N.Y. Nov. 21, 2014), the Western District of New York dismissed, under Fed. R. Civ. P. 12(b)(6), plaintiff’s complaint alleging disability discrimination under the Americans with Disabilities Act of 1990 (as amended) (ADA) and the New York State Human Rights Law. Here are the facts,…

Read More Recent Court Decision is Instructive as to the Circumstances Under Which Alcoholism Constitutes a “Disability” Under the Anti-Discrimination Statutes
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Judicial opinions are often difficult to distill into discrete bullet points. However, a recent decision can be taken as a cautionary instruction to male supervisors, for example, not instruct their female subordinates, in writing, to remember that they are “a man first and a supervisor second” and that being “sex[y]” is “crucial to the position”, and…

Read More “Mock” Sexual Harassment Letter From Alleged Harasser Supports Plaintiff’s Case Against School District
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In Corrado v. New York State Uniform Court System, the Eastern District of New York explained the difference between an “adverse action” for purposes of retaliation and an “adverse action” for purposes of discrimination based on a protected class (so-called disparate treatment). Specifically: To show a prima facie case of retaliation, plaintiff must demonstrate that…

Read More Court Explains Differing Standards for “Adverse Action” Depending on Whether Claim is For Retaliation or Status-Based Employment Discrimination
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In Verga v. Emergency Ambulance Service Inc. et al, the Eastern District of New York denied defendants’ motion for summary judgment on his retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff, an EMT, alleged that he was fired after complaining about sexual…

Read More Court Finds Sufficient Evidence (at the Summary Judgment Stage) of “But For” Causation in Title VII Retaliation Case
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In Mathew v. North Shore-Long Island Jewish Health System, a Summary Order dated 11/13/14, the Second Circuit explained that, in a case alleging retaliation under the Family and Medical Leave Act (FMLA), courts “are decidedly not interested in the truth of the allegations against plaintiff when evaluating pretext”, and are rather “interested in what motivated the employer.”…

Read More Second Circuit Reiterates That Employer’s Motivation, Rather Than Truth of Allegations Against Employee, Are Key in Evaluating FMLA Retaliation Claims
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In Nelson v. Vigorito, the Appellate Division, Second Department affirmed the denial of summary judgment to defendants on plaintiff’s claim of sexual harassment based on a hostile work environment under the New York State Human Rights Law. Here are the facts, as summarized by the court: The plaintiff, a former employee of the defendant Security…

Read More Sexual Harassment/Hostile Work Environment Claims Continue Against Long Island Car Dealership
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In a lawsuit captioned Misas v. North Shore-Long Island Jewish Health System and Julio Cardoza, SDNY 14-cv-8787 (filed Nov. 4, 2014), plaintiffs allege that defendants North Shore-Long Island Jewish Health System and Julio Cardoza subjected them to harassment, discrimination, a hostile work environment and retaliation. They assert, for example, that a supervisor told one plaintiff…

Read More Sausages, Pornography, Witchcraft, and Spanking: Sexual Harassment Lawsuit Against Lenox Hill Hospital
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