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In Velasquez v. MTA Bus Co., 2015 NY Slip Op 07536 (App. Div. 1st Dept. Oct. 15, 2015), the court unanimously affirmed Supreme Court Judge Arlene Bluth’s Order granting plaintiff – an injured bicyclist – summary judgment on the issue of liability. In reaching its decision, the court cited to Vehicle and Traffic Law §§ 1122[a] and 1128.…

Read More Plaintiff Bicyclist Entitled to Summary Judgment in Bus Accident Personal Injury Case
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In Rubin v. Abbott Labs., No. 13 CIV. 8667 CM, 2015 WL 5679644 (S.D.N.Y. Sept. 23, 2015), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, but denied it as to her…

Read More Complaining of Harassment Only to Harasser Provides Employer With Defense to Harassment Claim Under NY State Discrimination Law
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In Hardwick v. Auriemma, 2015 NY Slip Op 31836(U) (Sup. Ct. NY Cty. Sept. 25, 2015), an employment discrimination case, the court granted plaintiff’s motion to amend her complaint, pursuant to CPLR 3025(b), to add former NBA Commissioner David Stern as a party defendant and to add a claim for constructive discharge. (Here is plaintiff’s…

Read More Plaintiff Permitted to Amend Employment Discrimination/Sexual Harassment Complaint Against the NBA
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In New York, particularly New York City, employees are protected against discrimination (including sexual harassment and retaliation) by various laws, including Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Although these laws are similar in some respects, they differ…

Read More Individual Liability For Sexual Harassment Requires Participation, Court Holds
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In a case decided today, Teran v. JetBlue Airways Corp., 2015 NY Slip Op 07546, 2015 WL 5971959 (App. Div. 1st Dept. Oct. 15, 2015), the Appellate Division, First Department reversed the lower court’s order granting summary judgment to defendant on plaintiff’s constructive discharge and retaliation claims under the New York City Human Rights Law.…

Read More Sexual Harassment Plaintiff’s Constructive Discharge and Retaliation Claims Survive Summary Judgment
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In Guess v. University of Rochester, 2015 WL 489137 (WDNY Aug. 17, 2015), the court dismissed plaintiff’s disability discrimination complaint under the Americans with Disabilities Act. Plaintiff worked as a radiologist, and suffered from a disability (a brain aneurism). She alleges that the defendant discriminated against her by failing to provide her reasonable accommodations and…

Read More Disability Discrimination Claim Dismissed; Plaintiff Posed a “Direct Threat”
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In Tomizawa v. ADT LLC, 13-CV-6366, 2015 WL 5772106 (E.D.N.Y. Sept. 29, 2015) (decision adopting Report & Recommendation), plaintiff alleged that his former employer discriminated against him and terminated his employment on the basis of his Japanese national origin, and that his supervisor retaliated against him for complaining of discrimination. From the (adopted) Report &…

Read More Court Dismisses “Accent-Related” National Origin Discrimination Claim
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The court’s decision in Varughese v. Mount Sinai Med. Ctr., No. 12 CIV. 8812 CM JCF, 2015 WL 1499618 (S.D.N.Y. Mar. 27, 2015) provides an example of what circumstances will not give rise to an actionable hostile work environment claim. From the decision: In the end, [d]etermining whether workplace harassment was severe or pervasive enough to be actionable…

Read More Court Dismisses Doctor’s Race, Sex-Based Hostile Work Environment Claims Against Mt. Sinai
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In a recently-filed lawsuit, captioned Termini v. B&A Pork Store Inc., Robert Brannigan, and James Brannigan (15-cv-5716, EDNY filed 10/2/5), plaintiff alleges that while employed by B&A Pork Store in Brooklyn, she was subjected to sexual harassment/hostile work environment and retaliation for rejecting sexual advances. She alleges that the store’s owner, “RB”, fired her because…

Read More Sexual Harassment Lawsuit Against Brooklyn Pork Store
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In Postell v. Rochester City Sch. Dist., No. 11-CV-6550L, 2015 WL 5882287 (W.D.N.Y. Oct. 8, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s race discrimination claim under 42 USC 1981. Plaintiff, an African American school counselor for John Marshall High School, alleged (among other things) that the defendant subjected her to race…

Read More African American School Counselor Survives Summary Judgment on Race Discrimination and Retaliation Claims
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