Employment Law

by

In Parra v. City of White Plains et al, No. 13 CV 5544 (VB), 2016 WL 4734666 (S.D.N.Y. Sept. 9, 2016), the court denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim (but granted it with respect to plaintiff’s retaliation claim). In sum, plaintiff – a police officer – alleges that two…

Read More Police Officer’s Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment
Share This:
by

In a recently-filed Manhattan federal court complaint, captioned Davy v. Darren Davy (SDNY 16-07083), plaintiff Angela Maria Puerta – a nanny and housekeeper who worked for defendants Darren Davy and Asmaa Davy – asserts claims of unpaid wages, hostile work environment, and unlawful termination. From the complaint: 1. For more than two years, [plaintiff] worked…

Read More Nanny/Housekeeper’s Wage/Hour, Hostile Work Environment, Unlawful Termination Allegations Against Darren & Asmaa Davy
Share This:
by

By a motion filed on August 29, 2016 in New York State court, Defendants seek to compel plaintiff Andrea Tantaros to pursue her sexual harassment (and other) claims in arbitration, rather than in court. (You can access public filings in this case, Tantaros v. Fox News et al, 157054/2016, as well as other cases, here.) From…

Read More Defendants Move to Compel Arbitration in Andrea Tantaros’ Sexual Harassment Lawsuit
Share This:
by

In employment discrimination law, the so-called “same actor inference” holds that “[w]hen the person who made the decision to fire was the same person who made the decision to hire, it is difficult to impute to [him] an invidious motivation that would be inconsistent with the decision to hire.” Orellana v. Reiss Wholesale Hardware Co., No.…

Read More The “Same Actor Inference” in Employment Discrimination Law
Share This:
by

Not every action taken by an employer against an employee is actionable under the anti-discrimination laws, even if the action is tied to a so-called protected characteristic. The dividing line between actionable and non-actionable conduct – for claims of retaliation or status-based discrimination – is the presence, or absence, of an “adverse employment action.” As…

Read More What is an “Adverse Employment Action”?
Share This:
by

A recent decision, Frazier v. City of New York Dep’t of Correction, No. 14-CV-1224 (KAM)(PK), 2016 WL 4444775 (E.D.N.Y. Aug. 23, 2016), addressed whether certain alleged actions were “adverse employment actions” sufficient to support a proposed complaint amendment to add a claim of retaliation. Initially, the court addressed the procedural issue of whether plaintiff should be…

Read More Court Rejects Motion to Amend Complaint to Add Retaliation Claim; Informal Reprimands Were Not “Adverse Employment Actions”
Share This:
by

In Miller v. Kendall, No. 14-CV-393, 2016 WL 4472748 (W.D.N.Y. Aug. 25, 2016), the court held that plaintiff plausibly alleged disability discrimination under the Americans with Disabilities Act. The court declined to adopt a Magistrate Judge’s Report and Recommendation to dismiss plaintiff’s ADA claim. This decision addresses the issue of what constitutes “essential functions” of one’s…

Read More State Trooper’s ADA Disability Discrimination Claim Survives Dismissal, Notwithstanding Doctor’s Note
Share This:
by

In Johnson v IAC/Interactive Corp., 2016 NY Slip Op 31520(U) (NY Sup. Ct. Index No. 155837 /14 Aug. 12, 2016), an employment discrimination case, the court evaluated the parties’ motions to compel discovery (per CPLR 3124) and for sanctions and/or evidence preclusion (per CPLR 3126). The court held, among other things, that plaintiff was entitled to…

Read More Court Orders Discovery Relating to Termination of Similarly-Situated Employees in Gender Discrimination Case
Share This:
by

A female partner at the law firm of Chadbourne & Parke LLP filed a Manhattan federal lawsuit (captioned Kerrie Campbell v. Chadbourne & Parke LLP et al, SDNY 16-cv-6832), which “seeks relief on behalf of herself and other female Partners who have been disparately underpaid, systematically shut out of Firm leadership, demoted, de-equitized and terminated.”

Read More Gender Discrimination Class-Action Lawsuit Against Chadbourne & Parke
Share This:
by

In Conforti v. Sunbelt Rentals, Inc., No. 15-cv-5045, 2016 WL 4288699 (E.D.N.Y. Aug. 15, 2016), the court held  that the Plaintiff “satisfied the minimal showing required at this motion to dismiss stage to plausibly allege that the Defendant’s decision to terminate her employment … was motivated at least in part by a discriminatory reason.” Judge Spatt…

Read More Replacement By Men, Sexist Comments, Etc. Among Facts That Plausibly Alleged Gender Discrimination
Share This: