It’s been said that the “close door” buttons on certain elevators don’t do anything. One unlucky plaintiff apparently encountered an elevator with a functioning “close door” button, with an unpleasant result. In Chanice v. Federal Express Corp. (decided June 26, 2014), plaintiff alleged that “the top portion of a bi-folding industrial elevator door struck plaintiff in the head…
Read More FedEx Elevator Accident Case ContinuesIn Brown v. Daikin America, the Second Circuit (in an opinion dated June 27, 2014) held that plaintiff sufficiently alleged that his direct employer and its Japanese parent engaged in national origin and race discrimination under Title VII and NYS Human Rights Law claims. While this decision arises in the context of defendants’ motion to…
Read More White American Plaintiff Successfully Pleads Race and National Origin Discrimination Claims Against His U.S. Employer and its Japanese ParentIn Bethea v. City of New York (decided June 12, 2014), the Eastern District of New York held that plaintiff adequately pleaded sexual harassment and hostile work environment claims under Title VII of the Civil Rights Act of 1964. Plaintiff alleges that she was subjected to repeated sexual harassment by her co-worker, Sergeant Michelle Williams,…
Read More Police Officer Adequately Alleges Sexual Harassment, Hostile Work Environment, and Retaliation ClaimsIn Cruz v. NYS Dept. of Corrections, the Southern District of New York held (in a decision dated June 4, 2014) that the male plaintiff stated claims for hostile work environment and “quid pro quo” sexual harassment arising from unfair treatment by his female supervisor. The facts, as summarized by the court: Until August 8, 2012,…
Read More Male Corrections Employee States Sexual Harassment Claims Arising From Alleged Mistreatment by Female BossIn Dominguez v. Caliber Associates II, Inc. et al. (NY Sup. Ct. Index No. 150944/2014), decided May 20, 2014, the Supreme Court (NY County) denied defendants’ motion to dismiss plaintiff’s claims for sexual harassment under the NYC Human Rights Law and battery against Caliber Associates and Caliber’s owner. (The court granted defendants’ motion to dismiss plaintiff’s causes…
Read More NYC Real Estate Agent’s Sexual Harassment and Battery Claims Survive Dismissal, Notwithstanding Her Alleged “Independent Contractor” StatusIn Graham v. Women in Need, Inc., 13-cv-07063 (May 30, 2014), the Southern District of New York denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation under the Americans with Disabilities Act. The Facts Here are the facts, as alleged by plaintiff: Plaintiff is a former employee of WIN, a not-for-profit corporation organized…
Read More Stroke Victim Adequately Alleges Disability Discrimination and Retaliation Claims Under the Americans With Disabilities ActIn Ji Sun Jennifer Kim v Goldberg, Weprin, Finkel, Goldstein, LLP (decided June 3, 2014), the Appellate Division, First Department held that the plaintiff’s claims of retaliatory termination under the New York State and City Human Rights Laws were not collaterally estopped by a prior federal court decision dismissing her claims under the Family and…
Read More Dismissal of FMLA Claims Does Not Preclude Assertion of State/City Human Rights Law Retaliation Claims, First Department HoldsIn Thomas v. EONY LLC and David Shavolian (Sup. Ct. NY Cty. Index No. 158961/2013 May 23, 2014), a New York trial court denied defendants’ motion to dismiss plaintiff’s complaint alleging sexual harassment, retaliation, and intentional infliction of emotional distress. Plaintiff alleged, for example, that defendant violated the New York State and City Human Rights Laws…
Read More There’s Zealous Advocacy, Then There’s This: Judge “Aghast” at Sexual Harassment “Defense”In Herling v. New York City Department of Education, decided April 23, 2014, the Eastern District of New York held that plaintiff stated a claim for discrimination based on race and religion, but not retaliation. Plaintiff, who is Jewish, alleged that he was subjected to discrimination by the school’s African-American principal, defendant Gray. He claimed,…
Read More Physical Education Teacher States Claim for Religious Discrimination Against Department of EducationPayano v. CompassRock Real Estate LLC, decided by the Southern District of New York on May 12, 2014, discusses the application of the anti-retaliation provisions of the Fair Labor Standards Act and the New York Labor Law. Plaintiff, a live-in apartment maintenance worker, alleged that he was only paid for 40 hours, even though he…
Read More Maintenance Worker Successfully Pleads Retaliation Claim Arising From Termination Following Wage Complaints