Employment Law

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In a recent case, Martin v. New York State Department of Corrections and Community Supervision, 2020 WL 1514747 (2d Cir. March 30, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s hostile work environment claim asserted under Title VII of Civil Rights Act of 1964. This decision is instructive as to the standard applied…

Read More Hostile Work Environment Dismissal Affirmed; 2d Circuit Discusses & Applies Negligence Standard Under Title VII
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In a recent decision, Comcast Corporation v. National Association of African American-Owned Media, 2020 WL 1325816 (U.S. March 23, 2020) (Gorsuch, J.), the U.S. Supreme Court held that 42 U.S.C. § 1981 – a federal statute that prohibits race discrimination in the making and enforcement of contracts – is subject to the “ordinary” tort rule…

Read More SCOTUS: Race Discrimination Statute (42 U.S.C. § 1981) Requires Showing of “But For” Causation
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In Matter of Vega (Postmates Inc. – Commissioner of Labor), 2020 NY Slip Op 02094 (NY Ct. App. March 26, 2020), the New York Court of Appeals – which, for non-NY practitioners, is our highest state-level appellate court – held that Postmates couriers are “employees” for purposes of unemployment benefits. This case arises from a…

Read More Court of Appeals: Postmates Couriers Are “Employees” For Purposes of Unemployment Insurance
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In Williams v. Anne Geiger and Department of Education, 2020 WL 1304397 (S.D.N.Y. March 19, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. In order to establish a hostile work environment claim, plaintiff was required to show two elements: (1) the workplace was permeated with…

Read More Disability-Based Hostile Work Environment Claim Dismissed
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In Bauman v. Mount Sinai Hospital, 2020 NY Slip Op 01964 (App. Div. 1st Dept. March 19, 2020), the court unanimously affirmed the lower court’s Order dismissing (on summary judgment) plaintiff’s claims that he was subjected to religion-based discrimination and retaliation under the New York City Human Rights Law. As to plaintiff’s discrimination claim, the…

Read More Religious Discrimination Claim Dismissal Affirmed Against Mt. Sinai Hospital
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The EEOC recently offered information on how the provisions of the Americans with Disabilities Act and the Rehabilitation Act may apply in the context of the COVID-19 pandemic. This document links to a prior document, titled “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act” (written during the H1N1 outbreak), which has been…

Read More EEOC Issues (Updated) Guidance Regarding the Americans with Disabilities Act and COVID-19
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In Montgomery v. New York City Transit Authority, 2020 WL 1313184 (2d Cir. March 18, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws.…

Read More 2d Circuit Affirms Dismissal of Plaintiff’s Discrimination Claims Against the NYC Transit Authority; Rejects “Coded Language” Theory
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In Kiraka v. M&T Bank, 2020 WL 1285632 (N.D.N.Y. March 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law regarding such claims, the court explained: [Plaintiff] fails to state a plausible claim under Title VII. ……

Read More Hostile Work Environment Claim Dismissed; Allegations, Including Mocking of Accent, Held Insufficient
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In Eyuboglu v. Gravity Media, LLC, 2020 WL 1280675 (2d Cir. March 17, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964. The court based its decision, in part, on the so-called “stray marks” doctrine: “While discriminatory remarks may constitute evidence of…

Read More Citing “Stray Remarks” Doctrine, 2d Circuit Affirms Dismissal of Employment Discrimination Claims
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The New York State Legislature and Governor Cuomo have reached an agreement on legislation that would provide emergency paid sick time in response to the coronavirus / COVID-19 (available immediately) and permanent statewide paid sick time rights (beginning January 2021). The details of the legislation are summarized in a fact sheet issued by A Better…

Read More NY Paid Sick Leave Agreement Reached in Light of Coronavirus / COVID-19
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