Employment Discrimination

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Here is plaintiff Ivana Hidalgo’s disability discrimination complaint, captioned Hidalgo v. B&B Hospitality Group LLC (SDNY 13-cv-6402 filed 9/12/13) against B&B Hospitality Group LLC and others. Plaintiff claims that defendants violated the Americans with Disabilities Act and the New York State Human Rights Law by failing to reasonably accommodate her disability – an inequality in the lengths of her…

Read More Disability Discrimination Suit by Uneven-Legged Plaintiff Against Mario Batali-Owned Company
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In Seubert v. Deluty, a Nassau County judge awarded, after an inquest following defendant’s default, damages to compensate plaintiff for sexual harassment she suffered while employed as a part-time dental assistant and receptionist for defendant dentist. It also set aside a transfer of property from defendant dentist to his wife as a fraudulent conveyance. Plaintiff alleged that defendant…

Read More Dental Assistant Awarded Damages in Sexual Harassment Suit
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Below and here is the complaint, captioned Pino v. Brooks Brothers Group, Inc. et al., 13-CV-5022, filed by a female factory worker against Brooks Brothers and related entities in the Eastern District of New York. Plaintiff asserts claims of gender discrimination, race discrimination, national origin discrimination, and retaliation. Among other things, plaintiff alleges that her supervisor and…

Read More Brooks Brothers Sexual Harassment Lawsuit
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In Garrett v. City of New York, the New York Supreme Court (NY County) recently granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. This case illustrates the extent to which illness-related absences from work may constitute a “reasonable accommodation”. Plaintiff alleged that…

Read More Absences and Failure to File Notice of Claim Doom Disability Discrimination Suit Against City of New York
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In Wingfield v. Rochester School for the Deaf, the Western District of New York recently clarified that not all employment decisions that affect employees at work are “employment actions” sufficient to support a claim of employment discrimination. In Wingfield, plaintiff and her ex-husband worked at defendant. Following an altercation, family court issued a temporary order of…

Read More All Actions Affecting Workers Are Not Necessarily “Employment Actions” For Purposes of the Discrimination Laws
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In a Summary Order issued today in Mendez-Nouel v. Gucci America, Inc., the Second Circuit affirmed summary judgment for defendant Gucci on plaintiff’s same-sex hostile work environment/sexual harassment and retaliation claims. Harassment/Hostile Work Environment Initially, the Court explained the legal standard for sexual harassment claims: [F]or sexual harassment to be actionable, it must be sufficiently severe…

Read More Second Circuit Affirms Dismissal of Same-Sex Hostile Work Environment/Harassment and Retaliation Claims
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In Romanello v. Intesa Sanpaolo, S.p.A., decided Oct. 10, 2013, the New York Court of Appeals (the state’s highest court) reinstated plaintiff’s disability discrimination claim under the New York City Human Rights Law (NYCHRL) but held that plaintiff’s claim under the New York State Human Rights Law (NYSHRL) was properly dismissed. In doing so, it highlighted crucial…

Read More Plaintiff Suffering From Depression Adequately Stated Disability Discrimination Claim Under New York City Human Rights Law
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The Northern District of New York recently held, in Wilkie v. The Golub Corp., that a diabetic truck driver (1) failed to exhaust his administrative remedies, and (2) was not a “qualified individual with a disability” under the Americans with Disabilities Act. A physician responsible for performing Department of Transportation (DOT) physicals for truck drivers…

Read More Court Dismisses Diabetic Truck Driver’s Disability Discrimination Claims
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In Viruet v. Port Jervis City School Dist., the Southern District of New York held that plaintiff, a Hispanic bus driver for defendant school district, presented enough evidence on her Title VII discrimination claim to defeat defendant’s motion for summary judgment. Plaintiff claimed that defendant refused to permit her to “bid” for a contract bus run,…

Read More Plaintiff Defeats Summary Judgment on National Origin, Race, and Color Discrimination Claims; Claims Not Precluded By Collective Bargaining Agreement
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In Dall v. St. Catherine of Siena Medical Center, the Eastern District of New York denied defendant’s motion for summary judgment as to plaintiff’s gender discrimination claim, but granted it as to his hostile work environment and retaliation claims. Plaintiff (who is male) resigned after a female co-worker (Birmingham) filed an internal complaint of sexual…

Read More Gender Discrimination, But Not Hostile Work Environment and Retaliation Claims, Survive Summary Judgment
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