Employment Law

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In Reid et al v. County of Erie, 2017 WL 4676833 (WDNY Oct. 16, 2017), the court dismissed plaintiff’s race discrimination case, finding that the “written warning” plaintiff received was not an “adverse employment action.” The court explained, inter alia, that (generally), “[n]egative performance evaluations, formal reprimands, and counseling memoranda are not adverse employment actions…

Read More Written Warning Was Not an “Adverse Employment Action”; Race Discrimination Claim Dismissed
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From Lufuluabo v. Nord Anglia Educ. Inc., 2017 NY Slip Op 32175(U) (Sup.  Ct. NY Cty. Index # 159102/16 Oct. 16, 2017): Plaintiff has stated a potentially meritorious claim for discrimination under the NYCHRL. She is a member of a protected class and filed multiple complaints about comments by other employees, lack of diversity, and the negative treatment of…

Read More Plaintiff States Race Discrimination Claims Under the NYS and NYC Human Rights Laws
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In Makinen v. City of New York, 2017 NY Slip Op 07208, 2017 WL 4621717 (N.Y. Ct. App. Oct. 17, 2017) (J. Fahey), the Court of Appeals of New York – the state’s highest court – addressed the following certified question: Do sections 8–102(16)(c) and 8–107(1)(a) of the New York City Administrative Code preclude a plaintiff…

Read More NY Highest Court: Discrimination Based on Perception of Untreated Alcoholism Not Actionable Under the NYC Human Rights Law
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In Lawson v. Homenuk, 2017 WL 4534779 (2d Cir. Oct. 11, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disability-based hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the Order: Although Lawson argues that her coworkers “constantly”…

Read More Hostile Work Environment & Constructive Discharge Claims Properly Dismissed in Light of Contradiction Between Deposition and Summary Judgment Affidavit
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In Holcomb v. State University of New York at Fredonia, 2017 WL 4511381 (2d Cir. Oct. 10, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claims. In sum, the court held that plaintiff failed to prove that she suffered an adverse action as a result of her sexual harassment complaint. From…

Read More Sexual Harassment Complaint Was Not a “Motivating Factor” for Adverse Actions; Retaliation Claims Properly Dismissed
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In Corrado v. New York State Unified Court System, 2017 WL 4534772 (2d Cir. Oct. 11, 2017), the court held that the district court properly dismissed plaintiff’s sexual harassment and retaliation claims with, as opposed to without, prejudice. After the district court dismissed several of plaintiff’s claims against the individual defendants as time-barred, plaintiff filed a…

Read More Sexual Harassment Case Properly Dismissed With, as Opposed to Without, Prejudice, Second Circuit Holds
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In Schindler v. Plaza Constr. LLC, 2017 NY Slip Op 07182 (App. Div. 1st Dept. Oct. 12, 2017), the court affirmed the denial of defendant’s motion to dismiss plaintiff’s – a female licensed crane operator – gender discrimination claim under the New York City Human Rights Law. From the decision/order: Even if Plaza is not plaintiff’s employer…

Read More Female Crane Operator Sufficiently Alleges Gender Discrimination (Wrongful Termination)
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On September 26, 2017, the U.S. Court of Appeals for the Second Circuit heard oral argument in the case of Zarda v. Altitude Express, Case No. 15-3775. At issue is whether Title VII of the Civil Rights Act of 1964’s prohibition of discrimination “because of … sex” extends to sexual orientation. One of the interesting aspects…

Read More Second Circuit Hears Oral Argument in Title VII Sexual Orientation Discrimination Case
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In Shirazi v. New York Univ., 2017 NY Slip Op 32013(U) (Sup. Ct. NY Cty. Index No. 161303/2014 Sept. 25, 2017) – in which plaintiff asserts claims of discrimination based on religion, race, national origin, disability, and retaliation – the court discussed and applied the “continuing violation” doctrine under the New York State and City…

Read More Court Explains and Applies the “Continuing Violation” Doctrine Applicable to Hostile Work Environment Claims Under the New York State and City Human Rights Laws
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In Williams v. New York Hospital Medical Center of Queens, 16-3207-cv, 2017 WL 4461020 (2d Cir. Oct. 6, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s race-based failure-to-hire discrimination claim. Here are the facts, as (briefly) summarized by the court: Williams alleges that the Hospital stopped considering his employment application after a prospective…

Read More Failure-to-Hire Case Properly Dismissed, Notwithstanding “Bad” and “Unfair” Treatment
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