Employment Law

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In Tibbetts v. Pelham Union Free Sch. Dist., No. 2014-11219, 2016 WL 5928741 (N.Y. App. Div. 2nd Dept. Oct. 12, 2016), the court affirmed the summary judgment dismissal of plaintiff’s disability discrimination claim under the New York State Human Rights Law. Plaintiff, a probationary music teacher employed by defendant, alleged that she was fired approximately two…

Read More Music Teacher’s Disability Discrimination Claim Properly Dismissed; Court Cited Parental Complaints as Reason for Termination and Defendant’s Lack of Notice of Alleged Disability
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In Al-Kaysey v. Engility Corp., No. 11-cv-6318, 2016 WL 5349751 (E.D.N.Y. Sept. 23, 2016), the court held that plaintiff – a U.S. Citizen of Iraqi descent and practicing Muslim who was employed as a linguist – plausibly alleged (in a proposed amended complaint) a claim of hostile work environment against defendants, including the Army. (This…

Read More “Sand Nigger” and Other Comments Support Iraqi Muslim’s Hostile Work Environment Claim Against Army
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In Boston v. Taconic Eastchester Mgmt. LLC, No. 12 CIV. 4077 (ER), 2016 WL 5719751 (S.D.N.Y. Sept. 30, 2016), the court dismissed plaintiff’s discriminatory termination, hostile work environment, and retaliation claims under Title VII. The law, as summarized by the court: Plaintiff’s Title VII claims for race and color discrimination, hostile work environment, and retaliation are…

Read More Theft Was Nondiscriminatory Reason For Termination; Pretext Not Shown
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From Rojas v. Port Auth. of New York & New Jersey, No. 15CV6185NGGPK, 2016 WL 5921777, at *8–9 (E.D.N.Y. Oct. 11, 2016): Having found that Plaintiff has at least one timely allegation of disparate treatment under each statute, the court turns to the sufficiency of the pleadings. The court finds that none of Plaintiff’s timely allegations…

Read More Title VII Race, National Origin Discrimination Claims Insufficiently Alleged
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In Whipple v. Reed Eye Associates, No. 15-CV-6759L, 2016 WL 5719431 (W.D.N.Y. Oct. 3, 2016), the court dismissed plaintiff’s claim for retaliation, but sustained her claims for tortious interference with economic advantage and defamation. In dismissing her retaliation claim against one defendant, the court explained: [P]laintiff alleges that Weissend sexually harassed her, and that after she…

Read More Tortious Interference and Defamation Claims Survive, Retaliation Claim Dismissed, in Sexual Harassment Case
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On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued a document titled “EEOC Enforcement Guidance on Retaliation and Related Issues“. This document, among other things, outlines the elements of a retaliation cause of action under the statutes administered by the EEOC – including Title VII of the Civil Rights Act of 1964, the Age…

Read More EEOC Issues “Enforcement Guidance on Retaliation and Related Issues”
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In Mira v. Kingston, 15-cv-09989, 2016 WL 5867448 (S.D.N.Y. Oct. 3, 2016), the court considered, and denied, plaintiff’s motion to consolidate two employment discrimination actions. The court’s decision turned on the application of Rule 42(a) of the Federal Rules of Civil Procedure, which provides: “If actions before the court involve a common question of law…

Read More Court Denies Motion to Consolidate Two Unrelated Employment Discrimination Cases; “Discriminatory Conspiracy” Not Plausibly Alleged
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In Pothen v. Stony Brook Univ., No. 13-cv-6170, 2016 WL 5716842 (E.D.N.Y. Sept. 30, 2016), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s discrimination and hostile work environment claims. As to plaintiff’s discrimination claims (based on adverse actions short of termination), the court explained: With respect to plaintiff’s claims…

Read More Plaintiff’s National Origin and Religion (Non-Termination) and Hostile Work Environment Claims Plausibly Alleged
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Today I become a member of a protected class. The Age Discrimination in Employment Act of 1967, codified at 29 U.S.C. 621, is a federal law that prohibits discrimination based on age. Specifically, it prohibits discrimination against “individuals who are at least 40 years of age.” As of today, this includes me. The ADEA makes it…

Read More The Age Discrimination in Employment Act Now Protects Me
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In Figueroa v. New York State Div. of Human Rights, No. 15-01941, 2016 WL 5509917 (N.Y. App. Div. Sept. 30, 2016), the court determined that the NYS Division of Human Rights correctly dismissed complaints alleging sexual harassment and retaliation. From the decision: [W]e agree with the District that substantial evidence supports the determination of the…

Read More Administrative Dismissal of Sexual Harassment and Retaliation Claims Upheld
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