In Doe v. Fox Corp., No. 653743/2024, 2024 WL 4680514 (N.Y. Sup Ct, New York County Oct. 31, 2024), the court granted plaintiff’s (unopposed) motion to proceed via pseudonym. From the decision: The First Department has held that trial courts must exercise their discretion to limit the public nature of proceedings sparingly, and only when…
Read More Sexual Assault Plaintiff May Proceed Anonymously, Court HoldsIn Spiegel v 226 Realty LLC, No. 150371/13, 2023–03102, 2805, 2024 N.Y. Slip Op. 05076, 2024 WL 4486892 (N.Y.A.D. 1 Dept., Oct. 15, 2024), the Appellate Division, First Department, unanimously reversed the lower court’s award of summary judgment to defendants on plaintiff’s whistleblower claim under New York Labor Law § 740. Specifically, the court held that…
Read More First Department Reverses Dismissal of NY Labor Law § 740 Whistleblower Claim; Statute Applied RetroactivelyIn Spiegel v 226 Realty LLC, No. 150371/13, 2023–03102, 2805, 2024 N.Y. Slip Op. 05076, 2024 WL 4486892 (N.Y.A.D. 1 Dept., Oct. 15, 2024), the Appellate Division, First Department, unanimously reversed the lower court’s award of summary judgment to defendants on plaintiff’s claims of age discrimination asserted under the New York State and City Human…
Read More Age Discrimination Claims Survive Summary Judgment Against Hotel, First Department HoldsIn Cooley v. Chrysalis Center, Inc., 2024 WL 4678323 (Conn.Super. Oct. 31, 2024), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiff’s race-based termination claim. From the decision: The defendant does not seriously dispute that Cooley has satisfied the first three elements of his prima facie case. Therefore, only the fourth…
Read More Race-Based Discriminatory Termination Claim Survives Summary Judgment, Connecticut Court HoldsIn Sanders v. SUNY Downstate Medical Center et al, 22 CV 4139 (KAM) (CLP), 2024 WL 4680489 (E.D.N.Y. Nov. 5, 2024), the court, inter alia, granted plaintiff’s motion to amend her complaint to add an allegation of constructive discharge. From the decision: To establish constructive discharge, a plaintiff must show that rather than discharging her…
Read More Constructive Discharge Claim Plausibly Alleged, Continued Employment For 3.5 Years NotwithstandingIn Hatcher v. New York City Department of Education, 23-cv-3510 (NRM) (LB), 2024 WL 4333643 (E.D.N.Y. Sept. 27, 2024), the court, inter alia, held that plaintiff sufficiently alleged a race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…
Read More Speech Therapy Teacher Sufficiently Alleges Race-Based Hostile Work Environment, Court HoldsIn Allen v. New York State et al, 2:24-cv-02800 (JS) (JMW), 2024 WL 4654220 (E.D.N.Y. Nov. 1, 2024), the court denied defendants’ motion to stay this action in which plaintiff asserts claims of hostile work environment, sexual harassment, and retaliation. After summarizing the legal standard and the factors considered by courts – namely, “(1) whether…
Read More Court Declines to Stay Hostile Work Environment Sexual Harassment CaseThis Tuesday, November 6, 2024, is Election Day. New York law contains a provision that facilitates working persons’ ability to vote. New York Election Law § 3-110, titled “Time allowed employees to vote”, provides: 1. If a registered voter does not have sufficient time outside of his or her scheduled working hours, within which to…
Read More New York Election Law § 3-110: Time Allowed Employees to VoteIn Kiseleva v. Mark Greenspan et al, 23-CV-9496 (VEC), 2024 WL 4635463 (S.D.N.Y. Oct. 31, 2024), the court, inter alia, held that plaintiff sufficiently alleged discrimination in violation of 42 U.S.C. § 1981, based on her Slavic Eastern European Eurasian (SEE) heritage. From the decision: Kiseleva has adequately alleged that the misclassification of her as…
Read More Plaintiff Sufficiently Alleges § 1981 Discrimination Claim Based on Slavic HeritageIn Murray v. Brag Sales Inc. d/b/a Uneeda Enterprises et al, 2024 WL 4635479 (S.D.N.Y. Oct. 31, 2024), the court denied plaintiff’s motion for reconsideration of the dismissal of his claim of employment discrimination asserted under the New York City Human Rights Law. This decision is instructive on the geographic reach of that statute. From…
Read More Court Upholds Dismissal of NYCHRL Discrimination Claim; Plaintiff Worked Outside NYC