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Court Holds That Statutory Attorney Fees May Be Waived in Arbitration

October 12, 2017

In Schiferle v. Capital Fence Co., Inc., 2017 NY Slip Op 07059 (App. Div. 4th Dept. Oct. 6, 2017), the court held that “a wage claimant may, in certain circumstances, validly waive their statutory right to attorney’s fees under [Labor Law §] 198.” The court held that those circumstances were present here. From the decision: Plaintiff … […]

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Subway-Push Lawsuit Against NYC Transit Authority Survives Summary Judgment

October 11, 2017

From Linhart v. Rojas, 2017 NY Slip Op 06980 (App. Div. 1st Dept. Oct. 5, 2017): Plaintiff’s notice of claim and complaint, as amplified by her bill of particulars, asserted claims against defendant NYCTA for failing to provide proper security, failing to prevent the assault by defendant Jose Rojas, who pushed plaintiff into an oncoming train, and […]

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Court Explains and Applies the “Continuing Violation” Doctrine Applicable to Hostile Work Environment Claims Under the New York State and City Human Rights Laws

October 10, 2017

In Shirazi v. New York Univ., 2017 NY Slip Op 32013(U) (Sup. Ct. NY Cty. Index No. 161303/2014 Sept. 25, 2017) – in which plaintiff asserts claims of discrimination based on religion, race, national origin, disability, and retaliation – the court discussed and applied the “continuing violation” doctrine under the New York State and City […]

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Failure-to-Hire Case Properly Dismissed, Notwithstanding “Bad” and “Unfair” Treatment

October 9, 2017

In Williams v. New York Hospital Medical Center of Queens, 16-3207-cv, 2017 WL 4461020 (2d Cir. Oct. 6, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s race-based failure-to-hire discrimination claim. Here are the facts, as (briefly) summarized by the court: Williams alleges that the Hospital stopped considering his employment application after a prospective […]

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Employment Discrimination Claims Properly Dismissed as Untimely

October 8, 2017

In Matter of Ferrara v. New York State Div. of Human Rights, 2017 NY Slip Op 06968 (App. Div. 2d Dept. Oct. 4, 2017), the court affirmed the denial of petitioner’s Article 78 petition to review a determination by the New York State Division of Human Rights that petitioner’s discrimination claims were barred by the NYS […]

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Hostile Work Environment Claim Dismissed; Unpleasantness Was Unrelated to Protected Characteristics

October 7, 2017

From McMahon v. Tomkins County, 16-CV-922, 2017 WL 4443884 (N.D.N.Y. Oct. 4, 2017) (J. Hurd): In determining whether a plaintiff suffered a hostile work environment, [a court] must consider the totality of the circumstances, including ‘the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether […]

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Quid Pro Quo Sexual Harassment Claim Against FedEx Resurrected

October 6, 2017

In Kennedy v. Federal Express Corp. and Alvin Beal, as Aider and Abettor, 2017 WL 4422514 (2d Cir. Oct. 5, 2017) (Summary Order), the Second Circuit (inter alia) vacated the district court’s judgment[1]Kennedy v. Fed. Express Corp., No. 5:13-CV-1540, 2016 WL 5415774 (N.D.N.Y. Sept. 28, 2016) dismissing plaintiff’s sexual harassment and sex discrimination claims. (It also […]

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Male Worker’s Gender Discrimination Among Claims Surviving Dismissal

October 5, 2017

In Cherry v. NYC Housing Authority et al, 15-cv-6949, 2017 WL 4357344 (E.D.N.Y. Sept. 29, 2017) (J. Brodie), the court held (inter alia) that plaintiff sufficiently alleged gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff – a black male – alleged, among […]

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Sex-Based Hostile Work Environment Claim Survives Summary Judgment; Court Noted Co-Worker and Supervisor Called Plaintiff a “Bitch”

October 4, 2017

In Southerland v. Phoenix Constructors JV, 2017 NY Slip Op 32027(U) (Sup. Ct. NY Cty. 156005/15 Sept. 26, 2017) (J. Kotler), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim. From the decision: Here, contrary to defendants’ argument, plaintiff has set forth with sufficient particularity that she was subject to […]

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Retaliation Claims Dismissed Due to Absence of “Protected Activity”; Plaintiff’s Complaints Were Unrelated to a Legally Protected Characteristic

October 3, 2017

In Pouncy v. Advanced Focus LLC, 2017 WL 428094 (S.D.N.Y. Sept. 25, 2017), the court (inter alia) granted defendant’s motion for summary judgment on plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York City Human Rights Law.[1]I wrote about the court’s dismissal of plaintiff’s […]

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