Employment Law

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In Sears-Barnett v. Syracuse Community Health Center, Inc., 16-CV-426, 2021 WL 1202206 (N.D.N.Y. March 31 2021), the court, inter alia, dismissed plaintiff’s sexual harassment / hostile work environment claim. This case is an example of the “Faragher Ellerth” affirmative defense in action, and generally illustrates the risk associated with failing to timely assert a harassment…

Read More Sexual Harassment Complaint Dismissed; Court Cites “Two Years of Silence” Pre-Complaint
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In Vail v. The Town of Cayuta et al, 2021 WL 1788523 (WDNY May 5, 2021), the court held that plaintiff (a public employee and candidate for public office) plausibly alleged a First Amendment retaliation claim. This decision is instructive as to when speech is “on a matter of public concern”, which it must be…

Read More First Amendment Retaliation Claim Survives Motion to Dismiss; Sign-Removal Accusation Was a “Matter of Public Concern”
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In Akhtar v. Saudia d/b/a Saudi Arabian Airlines Corp., 2021 WL 1758807 (S.D.N.Y. May 4, 2021), the court held, inter alia, that plaintiff sufficiently alleged national origin and gender-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. As to…

Read More Gender and National Origin-Based Hostile Work Environment Claims Continue Against Saudi Arabian Airlines
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In Ramos v. Metro-North Commuter Railroad et al, 2021 WL 1740644 (N.Y.A.D. 1 Dept., May 04, 2021), the court held that plaintiff presented enough evidence to defeat defendants’ motion for summary judgment on plaintiff’s claims of discriminatory termination, failure to accommodate, hostile work environment, and retaliation. As to plaintiff’s wrongful termination claim, the court held…

Read More Disability Discrimination, Hostile Work Environment, Retaliation Claims Survive Against Metro-North
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In Matter of New York State Division of Human Rights v. GSN Transportation et al, No. 89, TP 20-01098, 2021 N.Y. Slip Op. 02629, 2021 WL 1711190 (N.Y.A.D. 4 Dept., Apr. 30, 2021), the court (a) unanimously confirmed a determination of the New York State Division of Human Rights which found that respondents GNS Transportation…

Read More Court Upholds Finding of Disability-Based Hostile Work Environment and Award of $7,500 in Compensatory Damages Against GSN Transportation
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In Smyth v. City of New York, No. 157294/2017, 2021 WL 1667153 (N.Y. Sup Ct, New York County Apr. 28, 2021) – an employment discrimination case – the court granted defendants’ motion for a protective order, and precluded plaintiff from conducting a deposition of its Acting General Counsel Sanford Cohen, on the ground that such…

Read More Discrimination Plaintiff Not Entitled to Depose City Counsel
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In Rodriguez v City of New York, No. 13662, 2019-5301, 28675/18, 2021 N.Y. Slip Op. 02477, 2021 WL 1566826 (N.Y.A.D. 1 Dept., Apr. 22, 2021), an employment discrimination case, the First Department unanimously affirmed the dismissal of plaintiffs’ complaint due to their failure to file a Notice of Claim as required by Education Law §…

Read More Dismissal of Discrimination Claims Against NYC Dept. of Education Affirmed Due to Failure to Comply With Notice of Claim Requirement
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In Murray v. Williamsville Central School District, 2021 WL 1610201 (WDNY April 26, 2021), the court, inter alia, dismissed various constitutional claims asserted by plaintiff – a middle school teacher – who alleges that his employer (the defendant school district) deprived him of his liberty interest in his reputation and free speech rights after he…

Read More Court Dismisses Teacher’s Section 1983 & 1st and 14th Amendment Claims Arising From Alleged Showing of Pornographic Film to Students
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In Blanc v. The City of New York et al, No. 154032/2020, 2021 WL 1022595, 2021 N.Y. Slip Op. 30837(U) (N.Y. Sup Ct, New York County Mar. 17, 2021), the court, inter alia, held that plaintiff – a 57 year-old Black man of Haitian national origin – sufficiently alleged facts to make out a claim…

Read More Age/Race/Color/National Origin Discrimination Claims Sufficiently Alleged; Plaintiff Alleges Dilution of Job Responsibilities, Demotion, and Salary Reduction
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In Donnelly v. New York City & Vicinity Dist. Council of the United Bhd. of Carpenters & Joiners of Am., 2021 NY Slip Op 31308(U), No. 152197/2019, 2021 WL 1549821 (N.Y. Sup Ct, New York County Apr. 20, 2021), the court granted plaintiff’s motion to amend their complaint to add a claim for retaliation under the New York…

Read More Retaliation Claim Sufficiently Alleged; Court Grants Motion to Amend Complaint to Add NYC Human Rights Law Claim Arising From Complaints of Sexual Harassment
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