Coronavirus / COVID-19

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In HC2, Inc. v. Delaney, 20-cv-3178, 2020 WL 7480675 (S.D.N.Y. Dec. 18, 2020), the court, inter alia, dismissed the employee’s  whistleblower retaliation claims. The employee (Delaney) alleges that the employer (HC2) violated New York Labor Law §§ 740 and 215 by terminating his employment after he complained about HC2’s handling of the Covid-19 pandemic. Specifically,…

Read More COVID Whistleblower Retaliation (NY Labor Law § 740) Claim Dismissed
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In Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo, Governor of New York, 592 U.S. ___, 2020 WL 6948354 (U.S. Nov. 25, 2020), the U.S. Supreme Court granted an emergency application for injunctive relief, enjoining Governor Cuomo from enforcing New York Executive Order 202.68‘s 10- and 25-person occupancy limits applicable to houses…

Read More SCOTUS Enjoins Governor Cuomo’s COVID Restrictions on Houses of Worship
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In Breland v. City of New York, No. 152046/2020, 2020 WL 5644943, 2020 N.Y. Slip Op. 33099(U), 3–4 (N.Y. Sup Ct, New York County Sep. 22, 2020), an employment discrimination case, the court granted defendants’ motion to extend their time to answer, move, or otherwise respond to plaintiff’s complaint. The court explained: Pursuant to CPLR…

Read More Employment Discrimination Defendant’s Time to Answer Extended
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In a recent update to its “What You Should Know” segment, the U.S. Equal Employment Opportunity Commission stated that, under the ADA, an employer may not require antibody testing before permitting employees to re-enter the workplace. It wrote: An antibody test constitutes a medical examination under the ADA. In light of CDC’s Interim Guidelines that…

Read More EEOC: Employers Can Not Require Antibody Testing Before Allowing Employees to Re-Enter the Workplace
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In Geller v. de Blasio et al, 2020 WL 2520711 (S.D.N.Y. May 18, 2020), the court denied plaintiff’s motion for a temporary restraining order and preliminary injunction to enjoin the City of New York from enforcing an Executive Order of March 25, 2020 and its restriction on non-essential gatherings. This decision provides a primer of how…

Read More Court Rejects First Amendment Challenge to NYC Executive Order Restricting Non-Essential Gatherings
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The New York City Commission on Human Rights recently announced the formation of a COVID-19 Response Team to address and ameliorate increased harassment and discrimination related to the virus. From the press release: Since February, the agency has recorded 248 reports of harassment and discrimination related to COVID-19, over 40% (105) of which identify incidents…

Read More NYC Commission on Human Rights Forms COVID-19 Response Team to Address Increased Virus-Related Harassment and Discrimination
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The U.S. Equal Employment Opportunity Commission (EEOC), which enforces various federal anti-discrimination laws (including Title VII of the Civil Rights Act of 1964) has recently reaffirmed its commitment to addressing and remedying discrimination arising from or relating to the COVID-19 situation. From the EEOC chair: Crises like the COVID-19 pandemic can bring out the best…

Read More EEOC on COVID19-Based Race and National Origin Discrimination
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Below and here is the letter sent by the Attorneys General of New York, Pennsylvania, and the District of Columbia to the CEO of Town Sports International Holdings, Inc. regarding their alleged “unlawful response to the COVID-19 pandemic and national emergency.” From the letter: [I]t is a false and deceptive practice and a violation of…

Read More States to Town Sports: Stop Charging Fees While Facilities Are Closed
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It was recently reported that Amazon terminated a Staten Island-based warehouse employee after he participated in a worker walkout protesting the company’s response to apparent incidents of coronavirus in the facility. New York’s Attorney General is looking into whether this constitutes unlawful retaliation. (See also, Law360, March 30, 2020, “Amazon, Instacart Workers Strike Over COVID-19…

Read More Amazon Allegedly Fires Employee For Raising Coronavirus Concerns
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