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In Quintavalle v. Perez, 2016 NY Slip Op 03126 (App. Div. 1st Dept. April 26, 2016) (a car accident/pedestrian knockdown case) the court held that a pedestrian struck from behind was, as a matter of law, not comparatively negligent (for failing to notice an avoid a vehicle that struck him from behind) and entitled to summary judgment…

Read More Hit-From-Behind Pedestrian Entitled to Summary Judgment in Car Accident Case
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In Bennett v. Time Warner Cable, 2016 NY Slip Op 03103 (App. Div. 1st Dept. April 26, 2016), the court affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claims under the New York State and City Human Rights Laws for age discrimination based on a theory of “disparate impact.” The Second Circuit,…

Read More Disparate Impact Age Discrimination Claims Sufficiently Alleged Under NYS and NYC Human Rights Laws
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In Styka v. My Merchants Services LLC et al (EDNY 14-cv-6198 (March 15, 2016)), an employment discrimination/sexual harassment/hostile work environment/retaliation case, Eastern District of New York Magistrate Judge Scanlon recommended awarding plaintiff $120,000 to compensate her for emotional distress (in addition to other damages, such as back pay and punitive damages) following defendants’ default. This case…

Read More Court Recommends Award of $120,000 in Emotional Distress Damages in Gender Discrimination/Hostile Work Environment/Sexual Harassment Case
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In Drice v. My Merch. Servs., LLC, 2016 WL 1266866 (E.D.N.Y. Mar. 4, 2016), Eastern District of New York Magistrate Judge Go recommended that plaintiff be awarded (among other damages) $20,000 for emotional distress. (Judge Brodie adopted the Magistrate’s report at 2016 WL 1266948 (E.D.N.Y. Mar. 31, 2016)). The below excerpts are from the Magistrate’s report and recommendation.…

Read More Court Awards Sexual Harassment Plaintiff Emotional Distress Damages of $20,000 Following Defendants’ Default
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In Shalom v. Hunter Coll. of City Univ. of New York, No. 14-3426-CV, 2016 WL 1358607 (2d Cir. Apr. 6, 2016), the Second Circuit affirmed the district court’s dismissal of plaintiff’s claims under Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) for (1) quid pro quo sexual harassment, (2) hostile educational environment,…

Read More Second Circuit Affirms Dismissal of Title IX Quid Pro Quo Sexual Harassment, Hostile Educational Environment, and Retaliation Claims
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In a recently-filed lawsuit, captioned Bliss v. MXK Restaurant Corp. d/b/a Remix et al, 16-cv-02676 (SDNY, filed April 11, 2016), plaintiff – a gay female – alleges that she was subjected to a hostile work environment, gender discrimination, and sexual orientation discrimination. Among other things, she alleges that throughout her employment she was required to work…

Read More Sexual Harassment, Hostile Work Environment, Sexual Orientation Discrimination Lawsuit Against Club Remix and its Owner
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An employee who voluntarily leaves a job “without good cause” is not entitled to unemployment insurance benefits. New York Labor Law § 593. But what amounts to “good cause”? The case law teaches that that is a fact-specific determination. In Matter of Labbate, 2016 NY Slip Op 02898 (App. Div. 3d Dept. April 14, 2016), the…

Read More Sexual Harassment Was “Good Cause” to Leave Job; Unemployment Benefits Upheld
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In Glenn v. Fuji Grill Niagara Falls, LLC, No. 14-CV-380S, 2016 WL 1557751 (W.D.N.Y. Apr. 18, 2016), the court discussed whether and to what extent a party who has accepted an “Offer of Judgment” in a Title VII discrimination suit may thereafter seek costs, including attorney fees. The answer, unsurprisingly, turns on the terms of…

Read More Accepted Offer of Judgment Did Not Foreclose Attorney Fees in Discrimination/Hostile Work Environment Case
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In Makinen v. City of New York, No. 111CV07535ALCAJP, 2016 WL 880194 (S.D.N.Y. Mar. 1, 2016), the Southern District of New York upheld a jury verdict, largely in plaintiffs NYPD officers’ favor, that defendants them to discrimination based on their perceived disability (here, alcoholism). In sum, plaintiffs, who denied having issues with alcohol, were separately referred…

Read More Court Upholds Jury Verdict of Discrimination Based on Perceived Disability (Alcoholism)
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