A New York appellate court recently agreed that a teacher should not have been fired for complaining about her students on Facebook. The appellate court’s May 7, 2013 decision in In the Matter of the Application of Christine Rubino v. City of New York is here, and the lower court’s Feb. 1, 2012 decision is here. On June…
Read More Facebook-Venting Teacher Keeps Her JobLet’s face it: jury service can be a major inconvenience. But, like paying taxes, it’s not voluntary. The recent words of a federal judge, however, may be just inspirational enough to make performing one’s civic duty more bearable. In Clark v. Castro, the Southern District of New York explained why it refused to vacate a…
Read More Citing Importance of Jury Service, Court Denies Motion to Vacate Judgment Following Jury VerdictThat pesky First Amendment. Always causing trouble. As has been widely reported (for example, here and here), an Ohio jury recently awarded former Catholic school computer technology teacher Christa Dias more than $170,000 in her federal anti-discrimination lawsuit against the Roman Catholic Archdiocese of Cincinnati. Plaintiff claimed that she was fired because she was pregnant (due to…
Read More Recent Pregnancy Discrimination Verdict May Lead To Revisiting The “Ministerial Exception” To A Federal Anti-Discrimination ClaimA recent New York trial court decision again underscores the breadth of the New York City Human Rights Law. The case is Davis v. Phoenix Ancient Art, decided April 22, 2013. There, plaintiff Emily Davis alleged that she was subjected to sexual harassment and constructively discharged. Plaintiff’s allegations: [I]n September 2010, while at an art…
Read More NYC Human Rights Law Claims Continue, While State Human Rights Law Claims FailIn Krause v. Lancer & Loader Group LLC, 40 Misc.3d 385 (Sup. Ct. NY Cty. May 1, 2013), the court confirms that both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) recognize claims of pregnancy discrimination, and that she stated such a claim under both laws.…
Read More Plaintiff States Claim for Pregnancy Discrimination Under the New York State and City Human Rights LawsIn Lewis v Health and Hospitals Corp, 11-cv-0099, 2013 WL 2351798 (SDNY May 30, 2013), the court held that pursuing, and losing, discrimination claims at the state administrative level barred a subsequent federal action. There, plaintiff initially filed a verified complaint with the New York State Division of Human Rights (SDHR) charging defendants with disability discrimination…
Read More Election of Remedies Results in Dismissal of Federal ComplaintNow this requires chutzpah. A New York appellate court recently struck down plaintiffs’ attempt to sue their former employer for employment discrimination – three years after they received money pursuant to a settlement agreement. The case is Allen v. The Riese Organization, decided May 16, 2013. Under New York law, there is no independent obligation (i.e., absent a contractual obligation) to…
Read More Court Dismisses Complaint Because Claims Already Released And Settlement Money PaidNew York has long adhered to the “at will” employment rule, and does not recognize a freestanding claim for “wrongful termination” in and of itself. Courts state the at-will rule as follows: Where a term of employment is for an indefinite period of time, it is presumed to be an employment at will that is…
Read More New York’s At-Will Employment RuleIn Fattoruso v. Hilton Grand Vacations Co., 12-2405 (2d Cir. May 17, 2013), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim under the New York City Human Rights Law. Plaintiff claimed that Hilton violated the NYCHRL by retaliating against him for “raising the issue of his supervisor’s inappropriate relationship with and preferential treatment of…
Read More Second Circuit Rejects Retaliation Claim Under the New York City Human Rights Law; Complaints Re: “Paramour Preference” Not Protected ActivityThe Second Circuit last week issued a summary order granding pro se (i.e., self-represented) plaintiff Diane Robinson an opportunity to amend her complaint alleging employment discrimination and retaliation. The court’s order in Robinson v. Goulet, 12-3606 (May 17, 2013) is here. Plaintiff alleged that her manager, Peter Goulet, discriminated against her on the basis of her sex…
Read More Second Circuit Gives Pro Se Discrimination Plaintiff Another Chance