Sneider v. AB Green Gansevoort, decided by the Supreme Court, New York County on January 7, 2015, addresses the pleading requirements for a claim of civil battery, as well as the effect of a criminal conviction on subsequent litigation arising out of the same facts. The facts: On February 23, 2013, the plaintiff, a patron…
Read More Standard Hotel Biergarten Brawl Lawsuit ContinuesIn Scott-Iverson v. Independent Health Ass’n., 13-cv-0451 (W.D.N.Y. July 7, 2014), the court adopted a report and recommendation that plaintiff’s race- and sex-based hostile work environment claims may proceed. Plaintiff alleged, among other things, that: In approximately October 1999, [the Defendant] held an employee appreciation day around Halloween and [one of Plaintiff’s co-workers] dressed up…
Read More Offensive “Aunt Jemima” Halloween Costume Supports Hostile Work Environment/Race Discrimination ClaimIn Herrington v. Metro-North Commuter R.R. Co., decided June 17, 2014, the First Department affirmed the Supreme Court’s (Judge Rakower) dismissal of plaintiff’s gender discrimination, sexual orientation discrimination, and retaliation claims under the New York City Human Rights Law. First, the court held that plaintiff failed to state a claim for discrimination based on sexual…
Read More Comments Were Too Remote in Time to Support Sexual Orientation Discrimination Claim Under NYC Human Rights LawThe Appellate Division, First Department held, in Walzer v. Metropolitan Transportation Authority (decided May 13, 2014), that plaintiff’s gender discrimination claims should not have been dismissed: Applying the liberal pleading standards applicable to employment discrimination claims under the State and City Human Rights Law, plaintiff has stated causes of action for violations of the Human…
Read More First Department Reinstates Gender Discrimination ClaimsIn Sanderson v. NY State Electric & Gas Corp., No. 13-1603-cv (2d Cir. Mar. 27, 2014) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s sex-based hostile work environment, disparate treatment, and retaliation claims. Plaintiff worked as a gas fitter for defendant. Initially, she worked on the day shift as the only woman of…
Read More “Snickering” and “Under the Breath” Comments Held Insufficient to Establish Hostile Work EnvironmentOften, the facts that give rise to employment discrimination, hostile work environment, or constructive discharge claims will give rise to state law claims such as assault, battery, or intentional infliction of emotional distress. This is what happened in Castagna v. Luceno and Majestic Kitchens. There, plaintiff alleged that her boss, Bill Luceno, engaged in physically abusive…
Read More Filing EEOC Charge Does Not Toll Statute of Limitations for Related State Tort ClaimsA case recently decided by the Eastern District of New York, Smith v NYC Health and Hosp Corp., 10-cv-714 (EDNY June 18, 2013), illustrates the somewhat difficult task faced by employment discrimination plaintiffs and confirms that not all workplace adversity is actionable. In short, the law does not impose a “general civility code which prohibits all…
Read More Court Rejects Plaintiff’s Hostile Work Environment and Retaliation ClaimsEmployment cases are often difficult to prove, and even the best-intentioned litigants with objectively reasonable factual and legal support for their claim(s) sometimes lose. It happens. Case outcomes are very difficult to predict, due to a variety of factors. A Memorandum and Order issued by Southern District Judge J. Paul Oetken last week in Tucker…
Read More Federal Judge Slams Lawyer For Making Baseless Allegations In Employment Case