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In Lopez v. Hollisco Owners’ Corp., No. 14-CV-3738, 2015 WL 7748358 (E.D.N.Y. Nov. 30, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA) and the NYC Human Rights Law. In sum, the court held that an employer may “condition an employee’s return to…

Read More Hepatitis Disability Discrimination Claim Dismissed Under the ADA’s “Business Necessity” Exception
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In Ihim v. St. Vincent’s Hosp. Westchester, No. 11 CIV. 8024 JCM, 2015 WL 5698038 (S.D.N.Y. Sept. 25, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s claims of race and national origin discrimination. Plaintiff – an African American man whose ancestors are from Nigeria – alleged that his suspension without pay was…

Read More “Where Are You From?” Held Not Probative of Discrimination; Title VII Race/National Origin Discrimination Claims Dismissed
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In Tekle v. Wegmans Food Markets, Inc., No. 15-CV-6386, 2015 WL 8485273 (W.D.N.Y. Dec. 9, 2015), the court granted defendant’s motion under FRCP 12(b)(6) to dismiss plaintiff’s race discrimination, hostile work environment, and retaliation claims. This case illustrates that even arguably “disturbing and arguably race-based” incidents are not necessarily enough to establish violations of the…

Read More Threat to “Hang” Plaintiff Insufficient to State Hostile Work Environment Claim
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From Grasso v. EMA Design Automation, 14-4109 (2nd Cir. Oct 28, 2015): It is undisputed that between 2009 and 2011, defendant experienced the effects of an economic recession that caused its revenues to decline and led to cuts to its workforce, including the termination of more than a quarter of its employees between 2009 and…

Read More Reduction-In-Force Justified Termination; Retaliation Claim Dismissed
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Comments demonstrating bias are frequently cited in employment discrimination and retaliation cases. A recent Second Circuit decision, In Kazolias v. IBEWLU 363, 806 F.3d 45 (2d Cir. 2015), holds that a comment can demonstrate evidence of retaliation existing prior to the statement. There, plaintiffs, three journeymen wiremen, asserted (among other claims) that they were subjected to age discrimination…

Read More Comments Can Evidence Pre-Existing Bias, Second Circuit Holds
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Every legal claim has a “statute of limitations” – that is, a deadline for filing a lawsuit in court. Failure to commence an action by the applicable statute of limitations can be fatal and result in the loss of important rights. In employment discrimination litigation, one key deadline when asserting claims under, for example, Title…

Read More Age Discrimination Claim Was Timely; “Three Day” Mailing Presumption Rebutted
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A First Department case, Cadet-Legros v. New York Univ. Hosp. Ctr., 2015 NY Slip Op 08984 (App. Div. 1st Dept. Dec. 8, 2015), held that defendants were entitled to summary judgment dismissing plaintiff’s race discrimination cause of action under the NYC Human Rights Law. This case offers guidance on how courts evaluate motions for summary judgment…

Read More Termination Reasons Were Not Pretextual; “Leopard Does Not Change its Spots” Was Not “Coded” Racial Language
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In her New York State Supreme Court sexual harassment lawsuit, captioned Toktassynova v. Adam Victor et al (NY Sup. Ct. NY Cty. Index # 162327/2014) and filed March 12, 2015 (NYSCEF Doc. No. 22), plaintiff asserts various claims – including sexual harassment, hostile work environment, and retaliation – against defendant Adam H. Victor and various entities.…

Read More Court Strikes Extraneous Matter Regarding (e.g.) Prostitution From Answer to Sexual Harassment Lawsuit
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In Hernandez v. PFIP, LLC, No. 14 CIV. 4069 (LGS), 2015 WL 7758875 (S.D.N.Y. Dec. 1, 2015), the Southern District of New York denied defendants Planet Fitness’ motion for summary judgment on plaintiff’s retaliation claim under the NYC Human Rights Law. Here is Judge Schofield’s analysis of that claim: Plaintiff alleges two theories of retaliation.…

Read More Court Denies Summary Judgment to Defendant Employer and Holds That Rejecting Sexual Harasser’s Advances Can Support a Retaliation Claim Under the NYC Human Rights Law
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