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First Amendment Retaliation Claim Dismissed

December 8, 2018

In Triana v. Sodexo, Inc., 2018 WL 6413151, at *7 (S.D.N.Y., 2018), the court, inter alia, dismissed plaintiff’s First Amendment retaliation claim.  The court provides the following summary of the relevant law: Where a plaintiff claims that he or she was retaliated against in violation of the First Amendment, he or she must demonstrate that “(1) […]

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Age, Sexual Orientation Discrimination Claims Should Have Been Dismissed as Time-Barred, Second Department Holds

December 7, 2018

In Peckham v. Island Park Union Free School District, 2018 WL 6332441 (App. Div. 2nd Dept. Dec. 5, 2018), the Second Department reversed the lower court’s denial of defendant’s motion for summary judgment, and held that plaintiff’s complaint – alleging age and sexual orientation discrimination under the New York State Human Rights Law – should […]

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Sexual Harassment Case Dismissed in Light of Premature EEOC Right-to-Sue Letter

December 6, 2018

From THOMAS GIBB, Plaintiff, v. TAPESTRY, INC. d/b/a Stuart Weitzman, Defendant., 2018 WL 6329403, at *5–6 (S.D.N.Y., 2018): Congress has unequivocally addressed the exclusive conditions under which Title VII complainants may bring a private suit in federal court. As this Court previously held in Henschke, “the language of section 2000e-5(f)(1) explicitly requires that one of two […]

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“Res Ipsa Loquitur” Doctrine Applicable in Falling-Window Personal Injury Case; Summary Judgement to Defendant Reversed

December 5, 2018

In Wilkins v. West Harlem Group Assistance, Inc., 2018 NY Slip Op 08247 (App. Div. 1st Dept. Dec. 4, 2018) – a premises liability personal injury case – the court reversed the lower court’s decision granting summary judgment to defendant. In sum, plaintiff was injured when, after attempting to close a window on property leased by […]

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Discrimination Laws Prohibit Discrimination Against Men Too, Court Notes

December 4, 2018

In Snyder v. Town of Potsdam, 2018 WL 6267922 (N.D.N.Y. Nov. 30, 2018), the court – summarizing (one aspect of) the law of employment discrimination – underscores an important (albeit established) point: namely, not only “minorities” are protected by the anti-discrimination laws. The court wrote: Title VII [of the Civil Rights Act of 1964] prohibits all […]

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RIP George H.W. Bush, Signer of the Americans with Disabilities Act

December 3, 2018

Sadly, George H.W. Bush – the 41st President of the United States – died on November 30, 2018. One of his accomplishments was his signing into law the Americans with Disabilities Act of 1990, 42 USC § 12101 et seq., on July 26, 1990. The ADA – which was amended/overhauled in 2008 – is a significant […]

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Title VII, ADEA Claims Insufficiently Pleaded Against MTA NYC Transit

December 2, 2018

From ALADDIN ABDAL-RAHIM, Plaintiff, v. MTA NEW YORK CITY TRANSIT, Defendant., 2018 WL 6176217, at *4 (S.D.N.Y. Nov. 27, 2018): [E]ven liberally construing Rahim’s complaint, he has not pleaded facts sufficient to state a claim for discrimination. Essentially, Rahim’s only allegation is that he passed a civil service test and that the NYCTA hired candidates with […]

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Disability Discrimination Claim Dismissed Against One Respondent as Time Barred; “Relation Back” Doctrine Inapplicable

December 1, 2018

In Matter of 130-10 Food Corp. v. New York State Div. of Human Rights, 2018 NY Slip Op 08123 (App. Div. 2nd Dept. Nov. 28, 2018), the court held that employment (disability) discrimination claim should be dismissed on statute-of-limitations grounds. The court explained: “Pursuant to Executive Law § 297(5), a complainant seeking redress under the [New […]

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Hostile Work Environment Claims Dismissed; “Asian Girl” Comment Insufficient

November 30, 2018

In Yu v. City of New York et al, 17-CV-7327, 2018 WL 6250659 (S.D.N.Y. Nov. 29, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claims. It summarized the well-established legal standard: To bring a hostile work environment claim under federal or state law, a plaintiff must allege facts from which a court can […]

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Race Discrimination Claim Survives Motion to Dismiss; Allegations Included Pay Raise Granted to White Employees, Denied to Black Plaintiff

November 29, 2018

In Collins v. Resource Center for Independent Living, 17-CV-0925, 2018 WL 5983377 (N.D.N.Y. Nov. 14, 2018), the court, inter alia, denied defendant’s motion to dismiss – on the pleadings, under Fed. R. Civ. P. 12(c) – plaintiff’s Title VII race-based employment discrimination claim.[1]The court also, inter alia, dismissed plaintiff’s race-based hostile work environment claim. From […]

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