Employment Law

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In Johnson v. PRIDE Industries, Inc., No. 19-50173, 2021 WL 3440524 (5th Cir. Aug. 6, 2021), the U.S. Court of Appeals for the Fifth Circuit reversed the district court’s grant of summary judgment on plaintiff’s race-based hostile work environment claim. (Note: the EEOC submitted an Amicus Curiae, i.e., “friend of the court,” brief in this…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Racial Epithets Were Not “Isolated”
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In Modica v. N.Y.C. Dept. of Education et al, 20-CV-4834, 2021 WL 3408587 (S.D.N.Y. Aug. 4, 2021), the court, inter alia, held that the plaintiff, a teacher, sufficiently alleged retaliation claims under the Americans with Disabilities Act, the Rehabilitation Act, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Teacher’s Retaliation Claim Proceeds Under Americans With Disabilities Act and Related Statutes
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In Modica v. N.Y.C. Dept. of Education et al, 20-CV-4834, 2021 WL 3408587 (S.D.N.Y. Aug. 4, 2021), the court held that plaintiff sufficiently alleged a disability-based hostile work environment claim under the New York City Human Rights Law. The court reached this conclusion after determining that plaintiff did not sufficiently allege claims under federal law (the…

Read More Disability-Based “Ridicule” at Meeting Sufficient to State Discrimination Under NY City, but Not Federal and NY State, Law
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In Jane Doe v. John Doe,[1]Ed. note: I have modified the name of Defendant to “John Doe” in light of (yet without acknowledging any obligation imposed by) the Court’s Order dated Nov. 5, 2021, NYSCEF Doc. No. 60. No. 155961/2020, 2021 WL 3290843 (N.Y. Sup Ct, New York County Aug. 02, 2021) – a sexual…

Read More Sexual Harassment Plaintiff Denied Opportunity to Amend Complaint to Add Claims to Assert Defamation Counterclaim Was Retaliatory
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In Byer v. Periodontal Health Specialists of Rochester, PLLC et al, 2021 WL 3276725 (2d Cir. August 2, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s order dismissing her claim of constructive discharge. (The court did, however, vacate the dismissal of plaintiff’s hostile work environment…

Read More Citing Praise of Boss and Voluntary Extension of Employment, Court Affirms Dismissal of Constructive Discharge Claim
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The New York Attorney General’s investigation has culminated in a detailed, 168-page Report finding that Governor Andrew Cuomo sexually harassed multiple women, including current and former state employees, in addition to those outside the state government. It is replete with corroboration, and contains a thorough review of the relevant laws implicated by the governor’s conduct.…

Read More Andrew Cuomo Engaged in Sexual Harassment: Report
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In Byer v. Periodontal Health Specialists of Rochester, PLLC et al, 2021 WL 3276725 (2d Cir. August 2, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a district court’s order granting summary judgment to defendant on plaintiff’s racial harassment case asserted under the New York State Human Rights…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment
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Despite what popular culture may imply, the main battles of litigation are not waged in the courtroom, but rather in various pre-trial events that, together, comprise what is known as “discovery.” In this phase, the parties use various methods to obtain (“discover”) information from the other side. Among the various (and most prevalent) discovery methods…

Read More A Cautionary Tale Regarding Attorney Deposition Conduct
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In Lively v. WAFRA Investment Advisory Group, Inc., 2021 WL 3118943 (2d Cir. July 23, 2021), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s award to defendant of judgment on the pleadings, under Federal Rule of Civil Procedure 12(c), of plaintiff’s age discrimination and retaliation claims asserted under the Age…

Read More ADEA Retaliation Claim Dismissal (Judgment on the Pleadings) Affirmed
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In Lively v. WAFRA Investment Advisory Group, Inc., 2021 WL 3118943 (2d Cir. July 23, 2021), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s award to defendant of judgment on the pleadings, under Federal Rule of Civil Procedure 12(c), of plaintiff’s age discrimination and retaliation claims asserted under the Age…

Read More ADEA Age Discrimination Claim Dismissal (Judgment on the Pleadings) Affirmed, Notwithstanding Ageist Comments
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