Employment Law

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In the employment discrimination context, one issue that typically arises is whether an employee has sustained an actionable “adverse employment action.” Not every action that might be perceived as negative or otherwise disadvantageous qualifies. A recent example of a court addressing this issue is Dedjoe v. Dr. Mark T. Esper, in his official capacity as…

Read More Retaliation Dismissal Affirmed; Being Told to “Cool Off” Not an “Adverse Employment Action”
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In a recent decision, captioned International Franchise Association et al v. City of New York, NY Supreme Court, NY County, Index No. 655987/2018 (Feb. 13, 2020), the court rejected a challenge to New York City’s Fair Workweek Law, codified at Title 20, Chapter 12 of the New York City Administrative Code. Judge Engoron concluded that…

Read More New York Judge Dismisses Challenge to NYC’s Fair Workweek Law
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In Raucci v. Center for Disability Services, Inc., 19-cv-1002, 2020 WL 777269 (N.D.N.Y. Feb. 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: In the present matter, the Court finds that Plaintiff has failed to plead facts alleging that she suffered abuse rising to the level of a hostile…

Read More Hostile Work Environment Claim Dismissed Against Center for Disability Services
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In Garcia v. Yonkers Board of Education, 2020 WL 747916 (2d Cir. Feb. 14, 2020) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Specifically, plaintiff alleged that she was brought up on disciplinary charges…

Read More Retaliation Claim Dismissal Affirmed; 3020-a Hearing’s Factual Findings Given Preclusive Effect
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In Hodge v. New York City Transit Authority, No. 11006, 11007, 159612/18, 655191/18, 2020 N.Y. Slip Op. 01008, 2020 WL 716782 (N.Y.A.D. 1 Dept., Feb. 13, 2020), the Appellate Division, First Department, upheld the termination of petitioner’s employment. From the decision: The termination of petitioner Hodge’s employment based on conduct that, if proven in court,…

Read More Termination Did Not Violate Arrest/Conviction Discrimination Statutes, Court Finds
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From Wu v. Metropolitan Transportation Authority, 2020 WL 615626, at *10 (S.D.N.Y. Feb. 7,  2020): Wu has not established his prima facie case of discrimination because he not adduced any evidence that the incidents at issue in this case were the result of disability discrimination. He has not, for instance, put forth evidence that his…

Read More Disability Discrimination Claims Dismissed Against MTA
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In Sampson Blair v. SUNY University at Buffalo, 2020 WL 695870 (W.D.N.Y. Feb. 11, 2020), the court dismissed plaintiff’s hostile work environment claim. While the court noted that the Second Circuit has not yet decided whether a hostile work environment claim may be made under the Americans with Disabilities Act, it observed that district courts…

Read More Hostile Work Environment Claim Dismissed; Denial of Accommodation Request Insufficient
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In Kloppel v. HomeDeliveryLink, Inc., 17-CV-6296, 2020 WL 38895 (W.D.N.Y. Jan. 3, 2020) (a wage/hour case in which plaintiffs assert New York Labor Law violations and unjust enrichment), the court, inter alia, denied defendant’s motion to compel plaintiff’s social media posts.[1]This decision also addresses other issues, e.g., the discoverability of plaintiffs’ tax records; this aspect…

Read More Social Media Discovery Denied in Wage/Hour Case
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In Diaz v. New York City Dept. of Educ., No. 154597/2019, 2020 NY Slip Op 30341(U), 2020 WL 587339 (N.Y. Sup Ct, New York County Feb. 06, 2020), the court, inter alia,  dismissed plaintiffs’ claims of employment discrimination (including hostile work environment sexual harassment). Among other things, the court held that the Education Law’s Notice…

Read More Hostile Work Environment / Sexual Harassment Claim Dismissed Against NYC Dept. of Education; Notice of Claim Requirement Not Satisfied
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