In a recently-updated (December 16, 2020) document titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws“, the U.S. Equal Employment Opportunity Commission (EEOC) addressed (in section “K.”), the issue of vaccinations in the context of COVID-19. For example, the EEOC takes the position that: The vaccination itself…
Read More EEOC Updates Guidance Regarding VaccinationsIn Doe v. New York City Police Department et al, No. 118182/09, 12763, 2019-3747, 2021 N.Y. Slip Op. 00009, 2021 WL 27523 (N.Y.A.D. 1 Dept., Jan. 05, 2021), the court, inter alia, unanimously reversed the lower court’s order granting summary judgment for defendants on plaintiff’s claim of employment discrimination asserted under the New York State…
Read More Sexual Orientation Discrimination Claim Survives Summary Judgment Against the NYPDIn Farmer v. Fzoad.com Enterprises Inc., 2020 WL 6530787 (S.D.N.Y. 2020), the court, inter alia, found that the plaintiff sufficiently alleged a conversion claim against the employer defendants. From the decision: Count XII asserts a claim for conversion alleging that Defendants are “withholding Plaintiff’s personal belongings without justification, including but not limited to, two laptop…
Read More Employer’s Failure to Return Employee’s Personal Property Supported Conversion Claim, Court FindsIn Petty v. The Law Office of Robert P. Santoriella, P.C., No. 155468/2015, 2020 WL 7011753, 2020 N.Y. Slip Op. 33908(U) (N.Y. Sup Ct, N.Y. Cty. Nov. 25, 2020), the court dismissed plaintiff’s public accommodation discrimination claims under the New York State and City Human Rights Laws. In sum, plaintiff – a prospective client of…
Read More Law Firm Was a “Place of Public Accommodation”, but Discrimination Claim DismissedIn Stanley v. City of New York et al, No. 151098/2020, 2020 N.Y. Slip Op. 20353, 2020 WL 7776484 (NY Sup. Ct. NY Cty. Dec. 23, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims arising from the City’s alleged failure to comply with decedent’s desire for plaintiff to control the disposition…
Read More NYC Human Rights Law Claim, Arising From Disposition of Transgender Muslim Man’s Remains, Survives DismissalIn Jordan v. Lisa Ellsworth, et al, 2020 WL 7398757 (W.D.N.Y. Dec. 17, 2020), the court granted summary judgment to defendants on plaintiff’s employment discrimination and retaliation claims. In sum, plaintiff alleged that defendants denied her promotional opportunities due to her race and in order to retaliate against her for filing internal race discrimination complaints.…
Read More Employment Discrimination & Retaliation Claims Dismissed Against NY State Insurance Fund; Pretext Not ShownIn Doe v. Bloomberg, LP, No. 451470/2020, 2020 WL 7495654, 2020 N.Y. Slip Op. 34235(U) (N.Y. Sup Ct, New York County Dec. 21, 2020), a sexual harassment case, the court granted defendants’ motion to compel plaintiff to amend the caption of the action to reflect her name. The court summarized the guiding principles relating to this…
Read More Sexual Harassment Plaintiff May Not Proceed Anonymously, Court RulesTwenty-twenty has, to say the least, been quite a (miserable) year, characterized by the introduction and propagation of a deadly virus, lockdowns, business closures, eviction moratoriums, protests, etc. As we run out the clock, I thought I would share with you some of my thoughts as a New York City-based attorney/solo practitioner working in the…
Read More Year in Review: 2020In Martinez v. McCarthy, 2020 WL 7579516 (2d Cir. Dec. 22, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of discrimination, harassment, and retaliation claims – asserted under Title VII of the Civil Rights Act of 1964 – by plaintiff, a “dual status” employee of the U.S. Army.…
Read More Feres Doctrine Bars Title VII Discrimination Claims by “Dual Status” Army EmployeeIn Jean v. U.S. Equal Employment Opportunity Commission, 2020 WL 7321057 (S.D.N.Y. Dec. 3, 2020), the court dismissed a lawsuit filed against the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency responsible for administering various federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment…
Read More Sovereign Immunity Precludes Lawsuit Against EEOC Based on Alleged Mishandling of Investigation of Employment Discrimination Claim