Below is the age and disability discrimination complaint, captioned Staropoli v. St. Luke’s Cornwall Hospital and Debra Tompkins, 14 CV 3317, filed in the Southern District of New York on May 7, 2014. Plaintiff, who is 60 years old and suffers from Tourette Syndrome and Type II Diabetes, alleges, among other things, that “[b]y failing…
Read More Tourette Syndrome Discrimination LawsuitIn Catalanello v. Kramer (decided May 7, 2014), Southern District Judge Paul Engelmayer dismissed plaintiff Robert Catalanello’s complaint alleging defamation and false light invasion of privacy against law professor Zachary Kramer. Applying New Jersey law, the court held that the alleged defamatory statements (which were contained in Kramer’s law review article titled “Of Meat and Manhood” and…
Read More Court Dismisses Defamation and False Light/Privacy Claims Brought By Alleged Harasser Against Law ProfessorThe Eastern District of New York recently held, in Baron v. Advanced Asset and Property Management Solutions LLC, that plaintiff presented sufficient evidence to survive summary judgment on his disability discrimination claims under the Americans with Disabilities Act and the New York State Human Rights Law. Plaintiff, who worked for defendant as an Assistant Controller,…
Read More Disability Discrimination Claims Survive Summary JudgmentA recent Southern District decision, James v. NYC Health and Hospitals Corporation, illustrates that the anti-discrimination laws are not a “general civility code” and underscores the critical requirement that, in order to be actionable, any alleged discrimination or harassment must be “because of” a protected characteristic (here, the plaintiff’s sex). Plaintiff, a female Special Officer in…
Read More Workplace Slap Was Not “Because Of” Plaintiff’s Sex; Sexual Harassment Claim DismissedIn Hernandez v. Edison Properties, 2013 NY Slip Op 33620(U) (N.Y. Sup. Ct. Index # 103762/12 March 31, 2013), the court dismissed a complaint under the “election of remedies” doctrine codified in the New York State Human Rights Law (NYSHRL), Executive Law 297(9). In this case, plaintiff asserted a discrimination complaint in the New York State Division of…
Read More “No Probable Cause” Finding by State Division of Human Rights Bars Subsequent Claims Under the “Election of Remedies” DoctrineThe Second Department’s recent decision in Croci v. Town of Haverstraw et al. is instructive as to how to plead causes of action, under the New York State Human Rights Law, against co-workers engaging in allegedly discriminatory conduct. In this case plaintiff sued one of her co-employees and their employer, alleging “ that she was subjected…
Read More Co-Worker Harassment Suit Dismissed Due to Failure to Allege Aiding and Abetting Theory Against Individual DefendantIn Greene v. Middletown, filed April 29, 2014, the Southern District of New York granted defendant’s motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). In reaching its decision, Judge Cote cited and applied the “stray remarks” doctrine, which is used to evaluate whether allegedly discriminatory comments are…
Read More Amputee’s Disability Discrimination Case Dismissed Due to “Oblique and Remote” Nature of Alleged Discriminatory RemarkHere is the complaint, captioned Jackson v. OpenCommunications Omnimedia LLC et al, Index No. 151596/2014, filed on February 24, 2014 in New York State Supreme Court by a male plaintiff against his former employer, New York City media company OpenCommunications Omnimedia and three of its principals. Plaintiff claims he was sexually harassed by his female bosses and…
Read More Male Employee Asserts Sexual Harassment and Retaliation Claims Against Female Bosses at NYC Media CompanyIn Donohue v. Finkelstein Memorial Library, the Southern District of New York recently denied defendant’s motion for summary judgment on plaintiffs’ sexual harassment (hostile work environment) claims. Generally, a plaintiff asserting a hostile work environment claim must establish two things: first, conduct rising to a sufficient level that constitutes a “hostile” or “abusive” working environment, and second,…
Read More SDNY Applies “Alter Ego/Proxy” Theory in Denying Defendant’s Motion for Summary Judgment in Sexual Harassment/Hostile Work Environment CaseGenerally speaking, sexual harassment[1]This discussion is confined to the employment context. is a form of sex-based discrimination typically characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual conduct. The cause of action for sexual harassment is statutory, and is prohibited (in New York City) by Title VII of the…
Read More What is Sexual Harassment?