Employment Law

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In Campbell v. national Fuel Gas Distribution Corporation (2d Cir. 17-1820 May 25, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s Title VII gender discrimination claim. Initially, the court rejected plaintiff’s attempt to establish discrimination by comparing herself to male co-workers: We affirm for substantially the same reasons given by the district court…

Read More 2d Circuit Affirms Dismissal of Gender Discrimination, Rejects “Cat’s Paw” Theory
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In Boliak v. Reilly, 2018 NY Slip Op 03745 (App. Div. 1st Dept. May 24, 2018), the court overturned the dismissal[1]Boliak v. Reilly, 2017 NY Slip Op 32010, Index No. 153941/2016, Judge Erika Edwards, Sept. 22, 2017. of plaintiff’s employment discrimination claims under the NYC Human Rights Law against Father Michael P. Reilly and others. From…

Read More Employment Discrimination Claims Reinstated Against Father Reilly et al
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Celebrities – they’re just like us! That is one take-away from a recent Eastern District of New York decision, Jones v. Trevor Tahiem Smith, Jr., a/k/a Busta Rhymes et al, 16-cv-2194, 2018 WL 2227990 (E.D.N.Y. May 14, 2018) (M.J. Levy). There, plaintiff sued Busta Rhymes and Starbus LLC, alleging “that, while employed by defendants as [Busta]’s…

Read More Court Declines to Adopt “Celebrity Exception” to Public Access to Settlement Agreement in Age Discrimination, Wage Lawsuit Against Busta Rhymes
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In Boncimino v. New York Unified Court System et al, 17-cv-6760, 2018 WL 2225004 (S.D.N.Y. May 15, 2018), the court held that plaintiff, a New York State Court Officer, plausibly alleged claims for retaliation under the Family and Medical Leave Act (FMLA) and New York City Human Rights Law (NYCHRL), as well as disability discrimination under the…

Read More Court Officer’s Disability Discrimination and Retaliation Claims Survive Dismissal
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In a pro-employer, 5-4 decision issued today – Epic Systems Corp. v. Lewis, No. 16-285, 2018 WL 2292444 (U.S. 2018) – the U.S. Supreme Court held that mandatory arbitration agreements are enforceable under the Federal Arbitration Act, and that doing so does not violate the National Labor Relations Act (NLRA). From the Opinion (per Justice…

Read More SCOTUS Upholds Arbitration Agreements
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IN Brunson-Bedi v. State of New York (Hudson Valley DDSO), Local 412 of the CSEA, Inc. et al, 15-cv-9790, 2018 WL 2084171 (SDNY May 1, 2018), the court held that a Title VII sexual harassment plaintiff’s failure to exhaust administrative remedies – in that she did not receive a right-to-sue letter from the EEOC before…

Read More Failure to Exhaust Administrative Remedies Cured in Title VII Sexual Harassment Suit
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In Esar v. JP Morgan Chase Bank N.A., 15-cv-382, 2018 WL 2075421 (E.D.N.Y. May 3, 2018), the court (inter alia) dismissed plaintiff’s hostile work environment claims. Plaintiff asserted that she was subjected to an “atmosphere of adverse action”, namely (i) lobby cleaning assignments, (ii) covering for one week at another branch, (iii) unpacking branch supplies,…

Read More Hostile Work Environment Claims Dismissed Against JP Morgan Chase Bank
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In Famighette v. Joseph Rose and Town of Huntington, 17-cv-2553, 2018 WL 2048371 (E.D.N.Y. May 2, 2018), the court, inter alia,[1]The court also denied defendants’ motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. dismissed plaintiff’s gender discrimination claim asserted on a theory of “sex stereotyping.” In sum, plaintiff –…

Read More Sex Stereotyping Gender Discrimination Claim Dismissed [Famighette v. Joseph Rose and Town of Huntington]
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In Rybnik v. MW 303 Corp., 2018 WL 2046571 (N.Y. Sup. Ct. N.Y. Cty., Index No. 158679/16, April 27, 2018), the court held that the plaintiff may amend her sexual harassment complaint. Here is the legal standard, as explained by the court: Leave to amend pleadings pursuant to CPLR §3025(b) should be freely given “absent prejudice…

Read More Sexual Harassment Plaintiff May Amend Her Complaint, Court Rules [Rybnik v. MW 303 Corp.]
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In Mejia v. T.N. 888 Eighth Ave. LLC Co., 2018 WL 1988855 (NY Sup. Ct. NY Cty., Index No. 150228/2014), the court held that plaintiff sufficiently alleged retaliation under New York Labor Law 215. In his thorough and well-reasoned opinion, New York Supreme Court Justice Robert Kalish wrote, inter alia: Plaintiff then alleged that, in retaliation…

Read More Plaintiff States Retaliation Claim Under NY Labor Law 215 [Meija v. T.N. 888 Eighth Ave LLC]
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