Employment Law

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In Oliveras v. City of New York, No. 159011/2020, 2021 WL 4868415 (N.Y. Sup Ct, N.Y. Cty. Oct. 19, 2021), the court held that plaintiff (a NYPD Officer) sufficiently alleged that he was subject to disability discrimination under the N.Y.C. Human Rights Law, and therefore denied defendants’ motion to dismiss. From the decision: Here, accepting…

Read More NYPD Officer’s Disability Discrimination Claims Sufficiently Alleged, Court Holds
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In Gorbea v. Verizon New York Incorporated, 2021 WL 4851389 (2d Cir. Oct. 19, 2021), the court affirmed the dismissal of plaintiff’s disability discrimination claim under the Americans with Disabilities Act. The court summarized the elements for discrimination and failure-to-accommodate claims under the ADA. For a discrimination claim, a plaintiff must show by a preponderance…

Read More ADA Disability Discrimination Claim Dismissal Affirmed; Inability to Show Up for Work Fatal
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In Matthews v. Detroit Public Schools Community District, 2021 WL 4427176 (E.D.Mich., 2021), a Michigan federal court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Noting U.S. Supreme Court precedent that whether harassing conduct is sufficiently “severe…

Read More Title VII Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment; Plaintiff Alleged 22 Incidents Over 1.5 Years
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In Benedith v. White Plains Hospital, 2021 WL 4555192 (S.D.N.Y. Oct. 4, 2021), the court dismissed plaintiff’s complaint, which asserted claims of race, color, and national origin discrimination (in the form of a failure to hire him as a physician). The court explained: At the pleading stage in an employment discrimination action, a plaintiff must…

Read More Failure-to-Hire Discrimination Claim Dismissed; Alleged “Contradiction” on Website Insufficient
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In Woolf v. Bloomberg L.P., No. 155152/2020, 2021 WL 4427372 (N.Y. Sup Ct, New York County Sep. 24, 2021), the court considered whether and to what extent a prior federal court decision – which dismissed the plaintiff’s disability discrimination claim under the Americans with Disabilities Act – prohibits the plaintiff (under principles of collateral estoppel)…

Read More Migraine-Disability Case Dismissed Against Bloomberg L.P.
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In Sassi v. Mobile Life Support Services, No. 55, 2021 N.Y. Slip Op. 05449, 2021 WL 4732794 (N.Y., Oct. 12, 2021), the New York Court of Appeals broadly construed the New York laws prohibiting discrimination based on a prior criminal conviction. From the decision: On this appeal, based on the arguments preserved by the parties,…

Read More NY Court of Appeals Provides Plaintiff-Favorable Interpretation of Criminal Conviction Discrimination Law
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In Lopez v. Bendell, No. 156292/2017, 2021 WL 4776215 (N.Y. Sup Ct, New York County Oct. 13, 2021), an employment discrimination case (involving allegations of national origin discrimination, hostile work environment, retaliation, and wrongful termination), the court denied defendants’ request to vacate the Note of Issue (on the ground that plaintiff failed to produce “social…

Read More Court Declines to Vacate Note of Issue in Discrimination/Hostile Work Environment Case; Requires “Jackson Affidavit” Regarding Social Media Posts
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In Hutting v. Independent Living, No. 2017-09639, 6011/15, 2021 N.Y. Slip Op. 05551, 2021 WL 4763056 (N.Y.A.D. 2 Dept., Oct. 13, 2021), the court affirmed the dismissal of plaintiff’s claims of sexual orientation discrimination, as well as retaliation under the Family & Medical Leave Act. As to plaintiff’s discrimination claims, the court explained: The Supreme…

Read More Sexual Orientation Discrimination, FMLA Claims Properly Dismissed
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In Jarusauskaite v. Almod Diamonds, Ltd., et al., 2020-04756, 2021 WL 4734048 (N.Y.A.D. 1 Dept. Oct. 12, 2021), the court held that plaintiff’s claims under the New York State and City Human Rights Laws because of an insufficient connection to New York. From the decision: Supreme Court lacks subject matter jurisdiction over the Human Rights…

Read More NY Human Rights Law Discrimination Claims Dismissed; NY Impact Lacking
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In Franklin v. New York City Transit Authority, 18-cv-6436, 2021 WL 4710762 (S.D.N.Y. Oct. 8, 2021), the court dismissed plaintiff’s failure-to-promote claim under Title VII of the Civil Rights Act of 1964, since that claim was not “administratively exhausted.” From the decision: The defendant in this case argues – correctly – that the plaintiff’s claims…

Read More Title VII “Failure to Promote” Claim Dismissed; Failure to Include in EEOC Charge Fatal
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