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In Nusbaum v. E-Lo Sportswear LLC, 2017 WL 5991787 (S.D.N.Y. Dec. 1, 2017), teh court held that the plaintiff and defendant entered into a legally enforceable employment contract for, inter alia, nine months’ severance pay if plaintiff was terminated. In reaching this conclusion, the court applied the so-called “Winston factors”, based on Winston v. Midiafare…

Read More Court Finds Severance Agreement Existed; Holds Defendant Liable for Breach of Contract
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In Novio v. The New York Academy of Art et al, 2017 WL 6398746 (S.D.N.Y. Dec. 13, 2017), the court granted in part and denied in part defendants’ motions to dismiss plaintiff’s claims for sex discrimination, sexual harassment, hostile educational environment, unlawful retaliation, and breach of contract. She asserted her discrimination and retaliation claims under…

Read More Student’s Sexual Harassment, Retaliation Claims Survive Against School
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In Fallon v. Mercy Catholic Medical Center of Southeastern Pennsylvanie, No. 16-3573 (3d Cir. Dec. 14, 2017), the U.S. Court of Appeals for the Third Circuit upheld a lower court’s dismissal of plaintiff’s claim for religious discrimination under Title VII of the Civil Rights Act of 1964. Specifically, plaintiff hospital worker was terminated after he…

Read More Anti-Vaccine Stance Not “Religious”; Title VII Discrimination Claim Properly Dismissed
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In Young v. Town of Islip et al, 2017 WL 5468752 (E.D.N.Y. Nov. 13, 2017), the court explained the difference between an “adverse employment action” in the discrimination context, vs. an “adverse employment action” in the retaliation context. The court held that the jury instructions on plaintiff’s retaliation claims – but not her race discrimination…

Read More New Trial on Retaliation Claims Granted Due to Erroneous Jury Charge; Alleged Incidents Should Have Been Considered in the Aggregate
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In Davis v. NYC Dept. of Corrections, 2017 WL 5634123 (E.D.N.Y. Nov. 22, 2017), the court dismissed plaintiff’s employment discrimination claims under, inter alia, the Americans with Disabilities Act (ADA). Plaintiff, a corrections officer, alleged that he was subject to discrimination based on his post-traumatic stress disorder (PTSD). The court provides the following summary of the…

Read More PTSD ADA Disability Discrimination Claim Dismissed
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In Croci v. Town of Haverstraw et al, 2017 WL 6311697 (S.D.N.Y. Dec. 8, 2017), the court dismissed plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. The court held that plaintiff failed to make out a prima facie case of retaliation – and, in particular, that the requisite “temporal proximity”…

Read More Title VII Retaliation Claim Dismissed; Temporal Proximity Between “Protected Activity” and “Adverse Employment Action” Lacking
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In MARLINE SALVAT, Plaintiff, v. CONSTRUCTION RESOURCES CORP., EMPIRE OUTLET BUILDERS, LLC, L.P. CIMINELLI, INC., and ANTHONY SANGO, Defendants., 2017 WL 6210849, at *1 (S.D.N.Y., 2017), a sexual harassment case, the court denied the defendant’s motion to dismiss, and held that plaintiff pleaded enough to sufficiently allege that that entity was her “joint employer”, and…

Read More Sexual Harassment Plaintiff Sufficiently Alleges Joint Employment and Failure to Respond to Plaintiff’s Complaints
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In a recently-filed lawsuit, captioned Athar v. The Museum of Jewish Heritage et al (SDNY 17-cv-9491 Dec. 7, 2017), the plaintiff – a Pakistani-American Muslim – alleges that the defendants (including the Museum of Jewish Heritage) discriminated against him based upon his race, religion, and national origin, and retaliated against him, in violation of Title…

Read More Race/Religion/National Origin Discrimination Lawsuit Against the Museum of Jewish Heritage
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In Lamarr-Arruz & Ansoralli v. CVS Pharmacy, Inc., 15-cv-04261, 2017 WL 4280690 (S.D.N.Y. Sept. 26, 2017), the court rejected the defendant’s reliance on the so-called “Faragher/Ellerth affirmative defense” to plaintiff’s hostile work environment claim under 42 U.S.C. § 1981.[1]I wrote about the court’s evaluation of the first element of plaintiff’s hostile work environment claim under section 1981…

Read More Faragher/Ellerth Defense Inapplicable to Plaintiff’s Hostile Work Environment Claim Under 42 U.S.C. § 1981
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In Petit v. Department of Educ. of the City of N.Y., 2017 NY Slip Op 32541(U), 155523/2016 (Sup. Ct. NY Cty. Dec. 1, 2017), the court dismissed plaintiff’s claims for discrimination, hostile work environment, and retaliation in violation of the New York State and City Human Rights Laws. Here I will discuss the court’s evaluation of plaintiff’s discrimination…

Read More Transfer to “Absent Teacher Reserve” Was Not an “Adverse Employment Action”; Discrimination Claim Dismissed
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