Blog

by

In Walsh v. New York City Housing Authority, 14-181-cv, 2016 WL 3632245 (2d Cir. July 7, 2016), a Title VII gender discrimination failure-to-hire case, the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order granting summary judgment to defendant. It is worth a read, for at least the reason that it…

Read More Citing People v. Gambini, 2d Circuit Reinstates Female Bricklayer’s Gender Discrimination Failure-to-Hire Case
Share This:
by

In Tiffany v. Dzwonczyk, 2016 WL 3661410 (N.D.N.Y. July 5, 2016), the court dismissed plaintiff’s claim asserting retaliation in violation of the Family and Medical Leave Act (FMLA). The court summarized the law: The Second Circuit recognizes two claims under the FMLA: (i) interference with FMLA rights; and (ii) retaliation for exercising FMLA rights. … To…

Read More FMLA Retaliation Claim Dismissed; Yearlong Work Absence Was Not FMLA-Protected, Evidence of Causation Lacking
Share This:
by

In a recent Manhattan federal court filing, Roger Ailes – the named defendant in a sexual harassment lawsuit filed by former Fox News host Gretchen Carlson in NJ state court – seeks to compel arbitration of her claims pursuant to the Federal Arbitration Act. (Here are the supporting petition and memorandum of law.) His papers…

Read More Roger Ailes Moves to Compel Arbitration of Gretchen Carlson’s Sexual Harassment Claims
Share This:
by

In Oluwatayo v. Dulinayan, 2016 NY Slip Op 05455 (App. Div. 1st Dept. July 7, 2016), the court clarified the distinction – in the context of a rear-end car accident case – between (i) plaintiff’s freedom of culpability and (ii) defendants’ alleged negligence. Here, plaintiff was entitled to summary judgment as to (i), but not as…

Read More “Innocent” Rear-Ended Plaintiff Entitled to Summary Judgment as to His Lack of Culpable Conduct, But Not With Respect to Defendants’ Negligence
Share This:
by

In Mykytyn v. Hannaford Bros. Co., No. 15-01427, 2016 WL 3638182 (N.Y. App. Div. 4th Dept. July 8, 2016), the court reinstated several of plaintiff’s claims, including his co-worker-based sexual harassment/hostile work environment claim. The facts, as summarized by the court: Plaintiff commenced this action seeking damages for, inter alia, employment discrimination pursuant to the…

Read More Court Explains and Applies the Standard For Co-Worker Harassment/Hostile Work Environment Claims Under the NYS Human Rights Law
Share This:
by

In Carter v. Syracuse City School District, No. 15-2395, 2016 WL 3671631 (2d Cir. July 11, 2016) (Summary Order), an employment discrimination case, the Second Circuit vacated the district court’s dismissal of plaintiff’s discrimination and retaliation claims. Initially, the court held that the District Court incorrectly dismissed plaintiff’s State Human Rights Law claim because plaintiff…

Read More Second Circuit Revives Discrimination Claims Against School District; Discusses Title VII Pleading Standards for Discrimination and Retaliation Claims
Share This:
by

In Fisher v. Mermaid Manor Home for Adults, LLC, No. 14-CV-3461 (WFK)(JO), 2016 WL 3636021 (E.D.N.Y. June 29, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s race/national origin-based hostile work environment claim. Plaintiff sued after being apprised by co-workers of an Instagram post which “consisted of two photographs of Plaintiff contrasted with a…

Read More Instagram “Planet of the Apes” Comparison Results in Denial of Summary Judgment in Race/National Origin Discrimination (Hostile Work Environment) Case
Share This:
by

In Orellana v. Macy’s Retail Holdings, Inc., 2016 Slip Op 31206(U) (Sup. Ct. N.Y. Cty. June 27, 2016), the court preliminarily enjoined Macy’s “from demanding payment of civil penalties from individuals suspected of shoplifting while they are in Macy’s custody.” This case addresses the intersection between two sections of New York law: General Business Law §…

Read More Court Preliminarily Enjoins Macy’s From Demanding Payments From Suspected Shoplifters During Detention
Share This:
by

In Abboud v. Pawelec, 2016 NY Slip Op 05448 (App. Div. 1st Dept. July 7, 2016), a personal injury/car accident case, the court unanimously affirmed summary judgment for plaintiff. The court explained: Plaintiff established her entitlement to judgment as a matter of law on the issue of liability, in this action where plaintiff’s vehicle collided with the…

Read More Negligent Left Turn Results in Summary Judgment for Car Accident Plaintiff
Share This:
by

In Domenech v. New York City Employees’ Ret. Sys., No. 15CV2521ILGPK, 2016 WL 2644892, at *5 (E.D.N.Y. May 9, 2016), the court held that plaintiff failed to salt are a disability discrimination claim. From the decision: The plaintiff alleges that the transfer from one unit to another caused her to develop severe anxiety. She asserts that…

Read More Job-Related Stress Failed to Give Rise to Disability Discrimination Claim
Share This: