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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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In Wigdor v. SoulCycle, LLC, 2016 NY Slip Op 04118 (App. Div. 1st Dept. May 26, 2016), the Appellate Division, First Department affirmed the dismissal of attorney Doug Wigdor’s retaliation claim against SoulCycle. In his complaint, which I wrote about here, Mr. Wigdor alleged that SoulCycle banned him from its premises after he filed a…

Read More Lawyer Lacks Standing to Assert Retaliation Claim, Court Holds
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In Love v. Premier Util. Servs., LLC, No. 15-cv-5698, 2016 WL 2853532, at (E.D.N.Y. May 13, 2016), the court denied defendants’ motion to dismiss plaintiff’s claims of race discrimination (wrongful termination) and racially hostile work environment claims. Race Discrimination As to plaintiff’s race discrimination claim, Eastern District Judge Spatt ruled: [T]he complaint in this case clearly…

Read More Allegations Including “N” Word Use and Racist Confederate Flag-Flying Supervisor Sufficient to Plausibly Allege Race Discrimination and Hostile Work Environment Claims
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In Dziedzic v. State Univ. of New York at Oswego, No. 15-11, 2016 WL 2620305 (2d Cir. May 9, 2016), the court affirmed the dismissal of plaintiff’s hostile work environment claim as time-barred. Specifically, plaintiff’s “claims arising out of unlawful employment acts that occurred from 2005 until she took her first medical leave on January…

Read More Continuing Violation Doctrine Held Inapplicable Where Incidents Were Not “Sufficiently Related”
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In Green v. Brennan, No. 14-613, 578 U.S. ___ (decided May 23, 2016), the Supreme Court held that the 45-day statute of limitations “clock” for purposes of a federal employee’s “constructive discharge” claim begins running on the date of the employee’s resignation, rather than on the date of the alleged discriminatory actions prompting the employee’s…

Read More SCOTUS Holds That a Constructive Discharge Claim Accrues on the Resignation Date for Statute of Limitations Purposes
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In Magnusson v. Cty. of Suffolk, No. 14-cv-3449, 2016 WL 2889002 (E.D.N.Y. May 17, 2016), the court dismissed plaintiff’s gender and sexual orientation-based hostile work environment claims. As to her sexual harassment claim, the court explained that too much time passed between the two incidents cited in support of that claim: There is little doubt…

Read More Court Dismisses Sexual Harassment (Hostile Work Environment) Claim; Too Much Time Beween Two Supporting Incidents
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In a recent lawsuit filed in Manhattan federal court, captioned Domingo v. Choice Logistics, Inc. and James Adams, SDNY 16-cv-3648 (filed May 16, 2016), plaintiff Christine Domingo alleges, among other things: Within six days after commencing her employment with Choice in December 2014, Domingo was subjected to unwelcomed physical touching, assault and sexual harassment by…

Read More Sexual Harassment Lawsuit Against Choice Logistics
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In Mantione v. C. Berman Associates, 2016 NY Slip Op 30655(U) (NY Sup. Ct. March 4, 2016), the court discussed and applied the “single employer” rule. Defendant moved to dismiss plaintiff’s hostile work environment/sexual harassment allegations under the New York State Human Rights Law, on the ground that the entities involved have less than four…

Read More Court Holds Companies Were a “Single Employer” For Purposes of Aggregating Employees in Sexual Harassment Case
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In Spavone v. Transitional Servs. of New York Supportive Hous. Program (TSI), No. 16-CV-1219 (MKB), 2016 WL 2758269 (E.D.N.Y. May 12, 2016), the court assessed plaintiff’s claims of, e.g., disability, race and national origin discrimination in violation of the Fair Housing Act, 42 U.S.C. § 3604 et seq. (FHA). The court explained that the FHA recognizes a…

Read More Court Dismisses Plaintiff’s “Hostile Housing Environment” Claim Under the Fair Housing Act
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In Edwards v. Nicolai (N.Y. Sup. Ct. 160830/2013 May 13, 2016), NY Supreme Court Judge Shlomo Hagler dismissed plaintiff’s gender discrimination claim under the NYS and NYC Human Rights Laws. In her Amended Complaint, plaintiff Dilek Edwards alleged that she was terminated because of the jealousy of plaintiff’s boss’s wife, namely, that she thought plaintiff was…

Read More Court Dismisses Gender Discrimination Claims Based on Allegation That Plaintiff Was “Too Cute”
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