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While I typically write about new developments in the law, every so often I come across a court decision that, while older, is interesting enough to warrant discussion here. One such case is Iannone v. Frederic R. Harris, Inc., 941 F.Supp. 403 (S.D.N.Y. 1996). In sum, the plaintiff here was terminated, she alleges, in retaliation…

Read More Retaliation Claim, Arising From Expressed Concerns About “Racy” Photo, Survives Dismissal
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A recent decision, Boyce v. Bruce Weber and Little Bear, Inc., 19-cv-3825, 2021 WL 2821154 (S.D.N.Y. July 7, 2021), is instructive as to how courts resolve evidentiary issues arising in the context of sexual harassment claims. In this case, plaintiff (a fashion model) asserts claims for sexual harassment against defendant Weber (a fashion photographer) under…

Read More Court Rules on “Modus Operandi” Witnesses in Bruce Weber Sexual Harassment Case
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In Gerald v. DCV Holdings, Inc., et al, 17-CV-6525, 2021 WL 2809915 (E.D.N.Y. July 6, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State Human Rights Law, and…

Read More Race Discrimination Claims Survive Summary Judgment; Court Notes Evidence of Decades-Long Egregious Discrimination, Abuse, and Racist Language
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In McMyler v. Bank of Utica, 19-cv-812, 2021 WL 2778830 (N.D.N.Y. July 2, 2021), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s sex/pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the relevant black-letter law –…

Read More Pregnancy/Sex Discrimination Claim Dismissed; Boyfriend’s Personal Injury Lawsuit Against Defendant Was Justifiable Basis For Termination
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In Arbelaez v. Champion Parking 230 LLC, No. 161188/20, 2021 WL 2772385 (N.Y. Sup Ct, New York County July 02, 2021), the court held that defendants’ counterclaim for breach of the “faithless servant doctrine” was sufficiently alleged. Plaintiff, who was terminated from his job as a manager of a parking garage owned by Champion Parking,…

Read More “Faithless Servant” Counterclaim Survives Dismissal
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In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff sufficiently alleged claims for discrimination, hostile work environment, and retaliation under the New York City Human Rights Law. Plaintiff alleged that “his coworkers touched him inappropriately,…

Read More Retaliation Claim Stated Against NYC Health & Hospitals Corp.
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In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff (a homosexual Hispanic male who alleges he suffers from panic disorder, anxiety, post-traumatic stress disorder (PTSD), claustrophobia, and HIV) sufficiently alleged a claim for hostile work…

Read More Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law Against NYC Health & Hospitals Corp.
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In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff (a homosexual Hispanic male who alleges he suffers from panic disorder, anxiety, post-traumatic stress disorder (PTSD), claustrophobia, and HIV) sufficiently alleged a claim for discrimination under…

Read More Employment Discrimination Claim Stated Under NYC Human Rights Law Against NYC Health & Hospitals Corp.
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In Hamilton v. Westchester County et al, No. 20-1058-pr, 2021 WL 2671311 (2d Cir. June 30, 2021), a case brought by an inmate and arising under Title II of the Americans with Disabilities Act (relating to public services, programs, and activities), the Second Circuit held that the term “disability” within the meaning of the ADA…

Read More “Temporary” Injuries May Constitute “Disabilities” Under the Americans With Disabilities Act, Court Holds
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In Betances v. Popular Bank, No. 157355/2019, 2021 WL 2651094 (N.Y. Sup Ct, New York County June 23, 2021), the court, inter alia, dismissed plaintiffs’ hostile work environment sexual harassment claims under the New York City Human Rights Law. From the decision: To establish a hostile work environment claim under the NYCHRL, “the primary issue…

Read More Sexual Harassment / Hostile Work Environment Claims Dismissed Against Popular Bank
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