Employment Law

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In Bentivegna v. People’s United Bank, No. 214CV599ADSGRB, 2017 WL 3394601 (E.D.N.Y. Aug. 7, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims. The law: To establish a hostile work environment claim under federal and New York State law, a plaintiff must demonstrate that the conduct at issue…

Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Sexually Inappropriate Comments and Belittling Plaintiff in Front of Male Co-Workers
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In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court held that plaintiff sufficiently alleged a retaliation claim under the Americans with Disabilities Act (ADA).[1]I addressed this decision’s resolution of plaintiff’s hostile work environment and disability discrimination claims, respectively, here and here. Plaintiff worked as a…

Read More ADA Retaliation Claim Survives Dismissal
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In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act (ADA). Plaintiff worked as a bus operator for the MTA Bus Company. After being diagnosed with a disc herniation, she requested a “reasonable accommodation”…

Read More ADA Hostile Work Environment Claim Dismissed; Yelling Insufficient
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In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA), on the ground that plaintiff did not plausibly allege that she suffered a “disability” within the meaning of the statute.[1]The court also granted defendant’s…

Read More Court Dismisses ADA Disability Discrimination Claim; Complaint Did Not Plausibly Allege That Plaintiff’s Medical Condition Was a “Disability” Because it Did Not “Substantially Limit” a “Major Life Activity”
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In Stabler v. Congregation Emanu-El of the City of New York, No. 16 CIV. 9601 (RWS), 2017 WL 3268201 (S.D.N.Y. July 28, 2017), the court denied defendants’ motions to dismiss plaintiff’s claims of (e.g.) age discrimination, disability discrimination, and hostile work environment. Defendants based their motion to dismiss on the “ministerial exception”. The court summarized the…

Read More Hostile Work Environment And Other Claims Survive Dismissal on Basis of the “Ministerial Exception”
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In Le v. New York State, No. 1:16-CV-1517, 2017 WL 3084414 (N.D.N.Y. July 18, 2017), the court discussed and applied the “continuing violation” doctrine/exception under Title VII of the Civil Rights Act of 1964. (I addressed other aspects of this case, including the court’s dismissal of plaintiff’s “perceived as Muslim” discrimination claim, here.) The court summarized…

Read More Court, Finding “Continuing Violation Doctrine” Inapplicable, Dismisses Title VII Discrimination Claims as Time Barred
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In Brooks v. City of Utica, No. 16-cv-1427, 2017 WL 3242273 (N.D.N.Y. July 28, 2017), the court ruled on claims asserted by plaintiff – a firefighter-paramedic and practicing Nazirite – of discrimination based on religion, retaliation, failure to accommodate religious beliefs, and hostile work environment. Plaintiff’s religious observance as a Nazirite required him to keep…

Read More Practicing Nazirite Sufficiently Alleges Religion-Based Hostile Work Environment Claim
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In Brooks v. City of Utica, No. 16-cv-1427, 2017 WL 3242273 (N.D.N.Y. July 28, 2017), the court ruled on claims asserted by plaintiff – a firefighter-paramedic and practicing Nazirite – of discrimination based on religion, retaliation, failure to accommodate religious beliefs, and hostile work environment. Plaintiff’s religious observance as a Nazirite required him to keep…

Read More Practicing Nazirite’s Retaliation Claim, Arising From Mistreatment After Requesting Long hair Reasonable Accommodation, Survives Dismissal
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In In re Cohen, No. 522119, 2017 WL 3176221, at *1 (N.Y. App. Div. July 27, 2017), the Appellate Division upheld the Unemployment Insurance Appeal Board’s (UIAB) adoption of an Administrative Law Judge’s finding that the claimant (a paralegal) was entitled to unemployment insurance benefits where she voluntarily left her employment in light of a…

Read More Unemployment Benefits Upheld Where Voluntary Departure Was Prompted by a “Hostile Work Environment”
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In Fatcheric v. Bartech Grp., Inc., No. 15CV9702, 2017 WL 3084418 (S.D.N.Y. July 19, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of unlawful termination based on her disability, in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Disability Discrimination Claims Survive Summary Judgment, in Light of Dispute as to Whether Working On-Site Was an “Essential Function” of Plaintiff’s Job
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