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In Scott-Robinson v. City of N.Y., No. 15-CV-09703 (NRB), 2016 WL 7378775 (S.D.N.Y. Dec. 15, 2016), the Southern District of New York (Judge Buchwald) dismissed plaintiff’s retaliation claim under the New York City Human Rights Law (NYCHRL), but held that she sufficiently alleged her failure-to-accommodate-disability claims against individual defendants. Plaintiff, a Child and Family Specialist…

Read More Failure-to-Accommodate Disability (Sciatica) Discrimination Claims Continue Against Individual Defendants; Retaliation Claims Dismissed
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In Washington v. Borough of Manhattan Cmty. Coll., No. 16 CIV. 6168 (PAE), 2016 WL 7410717 (S.D.N.Y. Dec. 21, 2016), the Southern District of New York dismissed plaintiff’s claims under the New York State and City Human Rights Laws against the Borough of Manhattan Community College, since she did not comply with the notice of…

Read More Court Dismisses State/City Human Rights Law Employment Discrimination Claims Against NYC Community College (BMCC) Due to Failure to File Notice of Claim
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In order to hold an employer liable for a hostile work environment, a plaintiff needs to establish two elements: The existence of a hostile work environment (i.e., sufficiently “hostile” conduct connected a protected characteristic); and A specific basis for imputing the hostile work environment to the employer (vicarious liability). A recent case, Ward v. Shaddock, No.…

Read More Hostile Work Environment Created by Co-Worker Not Imputable to Entity Employer
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In Johnson v. J. Walter Thompson U.S.A., LLC, No. 16-CV-1805 (JPO), 2016 WL 7217847 (S.D.N.Y. Dec. 13, 2016), the court denied defendants’ FRCP 12(b)(6) motion to dismiss plaintiff’s sex-based hostile work environment and retaliation claims. Here I’ll discuss the court’s evaluation of plaintiff’s hostile work environment claim. Plaintiff alleged, among other things, that defendant Gustavo…

Read More Sex-Based Hostile Work Environment Claim Continues Against J. Walter Thompson; Plaintiff Alleged (e.g.) Rape Comments, Unwanted Touching, and “Bossy” Remarks
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In Bogaty v. Bluestone Realty NY, Inc., 2016 NY Slip Op 08343 (App. Div. 2d Dept. Dec. 14, 2016), the court affirmed the dismissal of plaintiff’s trip-and-fall personal injury lawsuit. Here, “plaintiff allegedly tripped and fell over a wheel stop in a parking space at a small supermarket located in Great Neck.” The court summarized…

Read More Trip/Fall Case Properly Dismissed; Wheel Stop Was Open and Obvious and Not Inherently Dangeous
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Santa Claus has a difficult job. In addition to needing to violate the laws of physics, there’s always the risk of injury. This could happen in many ways, including Falling off an icy/unsalted roof, Getting stuck in a too-narrow chimney, Being burned by a lit fireplace upon descending down a chimney, Tripping and falling over scattered…

Read More Ho, Ho, Ho…Ouch! Can an Injured Santa Claus (Successfully) Sue?
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From Matter of Khan v. N.Y. City Health & Hosps. Corp., 144 A.D.3d 600 (N.Y. App. Div. 1st Dept. Nov. 29, 2016): The termination of petitioner’s appointment as Director of Pharmacy did not violate a constitutional or statutory provision or a policy established by decisional law (see Matter of Bergamini v. Manhattan & Bronx Surface…

Read More Pharmacy Director’s Race, Religion, National Origin Discrimination Claims Properly Dismissed; Article 78 Proceeding Unsuccessful
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We’ve seen one judge warn a lawyer not to call their adversary an “asshole” in private correspondence. Now we have a decision imposing a $4,700 fine/sanction on a lawyer for (e.g.) calling their adversary a “racist” during a deposition. In Scott-Iverson v. Indep. Health Ass’n, Inc., No. 13-CV-451V(F), 2016 WL 7320067 (W.D.N.Y. Dec. 15, 2016), the…

Read More Court Imposes $4,700 Fine on Lawyer For (e.g.) Calling Adversary a “Racist” During Employment Discrimination Deposition
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In McCullough v. Xerox Corp., No. 12-CV-6405L, 2016 WL 7229134 (W.D.N.Y. Dec. 14, 2016), an upstate federal district court denied defendant’s motion for summary judgment as to her Equal Pay Act (EPA) claim arising out of her employment as a Human Resources Manager. The court summarized the law applicable to plaintiff’s unequal pay claims under the…

Read More Equal Pay Act Claim Survives Summary Judgment, Continues Against Xerox
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In Lawrence v. Sol G. Atlas Realty Co., No. 14-cv-3616, 2016 WL 7335612 (E.D.N.Y. Dec. 16, 2016), the court denied in part defendants’ motion to dismiss plaintiff’s retaliation claims. (This decision follows the Second Circuit’s October 28, 2016 decision vacating the district court’s order compelling arbitration of plaintiff’s claims.) Here are the facts, as summarized…

Read More Black Porter Sufficiently Pleads Retaliation, But Not Against an Individual Who Did Not Have the Requisite “Personal Involvement”
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