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In Galbraith v. Westchester County Health Care Corp., 2016 NY Slip Op 04176 (App. Div. 2nd Dept. June 1, 2016), the court affirmed the trial court’s finding in favor of plaintiff, a perfusionist (Wikipedia definition here), on his whistleblower claim under New York Labor Law § 741. Here’s what happened: In October 2008, [plaintiff] was appointed as…

Read More Court Affirms $455K Award to Whistleblowing Perfusionist on Labor Law 741 Claim
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In Bell v. McRoberts Protective Agency, No. 15-CV-0963 (JPO), 2016 WL 1688786 (S.D.N.Y. Apr. 25, 2016), the court held that plaintiff failed to sufficiently allege race/gender discrimination, retaliation, and hostile work environment claims. The court’s explanation of why the plaintiff’s claims were insufficiently pled is instructive as to what courts look for when evaluating these…

Read More Race/Sex Discrimination, Hostile Work Environment and Retaliation Claims Insufficiently Alleged
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In Holahan v. 488 Performance Group, Inc., 2016 NY Slip Op 04311 (App. Div. 1st Dept. June 2, 2016), the court affirmed the dismissal of plaintiff’s breach-of-employment-contract claim, as well as her claims of unjust enrichment, promissory estoppel, fraud, and negligent misrepresentation. From the decision: Plaintiff’s breach of contract claim, which alleged that the corporate defendant…

Read More Breach of Employment Contract Claim Properly Dismissed
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In Capek v. BNY Mellon, N.A., No. 15-cv-4155, 2016 WL 2993211 (S.D.N.Y. May 23, 2016) the court denied defendant’s motion to dismiss plaintiff’s race and religious discrimination claims. Plaintiff alleged in her federal court complaint, e.g., that “[i]n the mistaken belief that [she] is Jewish, she was required by her managers to cultivate clients in…

Read More Work Assignments Based on Perceived Jewish Faith Supports Race/Religious Discrimination Claims, Court Holds
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In Garcia v. Yonkers Bd. of Educ., No. 15 CIV. 0767 (NSR), 2016 WL 3064116 (S.D.N.Y. May 27, 2016), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s sexual harassment and retaliation claims. In this case, plaintiff (a high school mathematics teacher) alleged in her federal court complaint that she…

Read More Math Teacher’s Retaliation Claim, Arising From Sexual Harassment Complaint, Survives Dismissal
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In Tulino v. City of New York, No. 15-CV-7106 (JMF), 2016 WL 2967847 (S.D.N.Y. May 19, 2016), the court held that plaintiff sufficiently alleged a gender-based hostile work environment claim under the NYC Human Rights Law. In her amended complaint, plaintiff alleged (among other things) that defendant “created and perpetuated a culture that essentially required female…

Read More Plaintiff States Hostile Work Environment Sexual Harassment Claim; Alleges She Was Called a “Slut” and “Dick Climber”
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In Menghini v. Neurological Surgery, P.C., No. CV 15-3534, 2016 WL 3034482 (E.D.N.Y. May 24, 2016), the court denied defendants’ motion to dismiss plaintiff’s sexual harassment and whistelblower claims, as well as defendants’ motion to strike “redundant, immaterial, impertinent and scandalous” material from plaintiff’s complaint. The facts, briefly and as summarized by the court (here’s plaintiff’s…

Read More Plaintiff States Hostile Work Environment Claim Based on Allegations of “Sexually Charged” Comments
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In Goodwine v. City of New York, No. 15-CV-2868 (JMF), 2016 WL 3017398 (S.D.N.Y. May 23, 2016), the court denied defendants’ FRCP 12(b)(6) motion to dismiss plaintiff’s retaliation and gender/race disparate treatment claims. Plaintiff, an African American woman employed by the NYC Dept. of Information & Telecommunications, sufficiently alleged retaliation by alleging that (1) she…

Read More Plaintiff Sufficiently Alleges Retaliation and Gender/Race Discrimination (But Not Hostile Work Environment)
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The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a publication, titled “Employer-Provided Leave and the Americans with Disabilities Act“. A reasonable accommodation is, generally, “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” That can include making…

Read More EEOC Discusses Leave as a Reasonable Accommodation Under the Americans With Disabilities Act
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A recent decision, Kelly v. Times/Review Newspapers Corp., 14-cv-2995, 2016 WL 2901744 (E.D.N.Y. May 18, 2016), illustrates how courts are applying the newly-amended Federal Rules of Civil Procedure in employment cases. In this employment discrimination case, plaintiff “seeks compensatory damages, alleging that he suffered actual anguish, embarrassment, suffering, and humiliation as result of his wrongful involuntary termination…

Read More Court Applies Amended Discovery Rule to Discovery Demands Seeking Information Relating to Claimed Emotional Distress in Age Discrimination Case
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