Court: EDNY

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In a recent decision, Wolfinger v. Consolidated Edison Company of New York, Inc., 17-cv-1710, 2018 WL 3637964 (E.D.N.Y. July 31, 2018), the court, inter alia, explained and clarified what, exactly, a plaintiff must allege to sufficiently plead a failure-to-accommodate claim under the Americans with Disabilities Act. The court explained: A plaintiff bringing a failure-to-accommodate claim…

Read More Court Clarifies “Failure to Accommodate Disability” Employment Discrimination Claim: Wolfinger v. ConEd
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The fact pattern underlying the court’s decision in Maidana v. Boston Culinary Group, Inc., 16-cv-2342, 2018 WL 3614111 (E.D.N.Y. July 27, 2018), are (to say the least) disturbing: Plaintiff worked as a bartender for Defendant’s Fig’s Café located in LaGuardia Airport, Terminal B (hereinafter “Fig’s Café” or “Defendant”). (See Compl. ¶ 8–10.) An incident occurred…

Read More Court Dismisses LAG Bartender’s Discrimination Claim Following Alleged Customer Harassment
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In Fields v. New York City Health and Hospital Corporation, 17-cv-6042, 2018 WL 3518506 (E.D.N.Y. July 20, 2018), the U.S. District Court for the Eastern District of New York, inter alia, dismissed plaintiff’s claims of race and national origin discrimination under Title VII of the Civil Rights Act of 1964 and the New York City Human…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Dismissed Against NYC Health & Hospital Corporation
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From Chioke v. Department of Education of City of New York, 15-cv-01845, 2018 WL 3118268 (E.D.N.Y. June 25, 2018): Chioke argues that the following specific incidents contributed to a hostile work environment: Monheit “requesting she bring in her credentials”; “Monheit commenting on her accent”; her “not being able to take time off to see her…

Read More Accent Comment Did Not Give Rise to Hostile Work Environment
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In Adlah v. Emergency Ambulance Services, 17-CV-4688, 2018 WL 3093972 (E.D.N.Y. June 22, 2018), the court held that plaintiff – who worked for defendant as an EMT – pleaded enough facts to support his claims of employment discrimination and hostile work environment under Title VII of the Civil Rights Act of 1964 on the basis…

Read More Lebanese Muslim Plaintiff Plausibly Alleges National Origin and Religion-Based Discrimination and Hostile Work Environment Claims
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Sexual harassment cases are fact- and context-specific. There is no “bright line rule” as to when a comment or a touch “cross the line” from non-actionable to actionable. Such claims can be based on comments, physical touching, or some combination of the two. A recent decision, Batten v. Global Contact Services, LLC, 15-cv-2382, 2018 WL…

Read More Sexual Harassment / Hostile Work Environment Based on “Hug” Was Actionable, Court Holds
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In Napoleoni v. NYC Dept. of Parks & Recreation et al, 18-cv-2578, 2018 WL 3038502 (E.D.N.Y. June 18, 2018), the court, inter alia, dismissed plaintiff’s claims of race discrimination, age discrimination, and retaliation. Here is an excerpt from the decision, reflecting the court’s reasoning as to plaintiff’s discrimination claims: The Complaint fails to allege a race or…

Read More Court Dismisses Age/Race Discrimination and Retaliation Claims Against the NYC Dept. of Parks and Recreation, DC 37 Union
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In Kobos v. Target Corporation et al, 15–cv-5573, 2018 WL 2943575 (E.D.N.Y. June 12, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claim. The court explained the legal standard: To establish a claim for a hostile work environment, a plaintiff must show “that the complained of conduct: (1) is objectively severe or pervasive—that…

Read More Hostile Work Environment Claim Dismissed; “Unprofessional” and “Upsetting” Conduct Insufficient
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In Whitehurst v. Staten Island University Hospital et al, , 18-cv-1090, 2018 WL 2744710 (E.D.N.Y. June 6, 2018), the court, inter alia, denied plaintiff’s motion to remand her case back to state court. In evaluating plaintiff’s claims of disability discrimination against the Union, the court explained: To make out a claim under either the NYCHRL…

Read More Court: Union’s Decision Not to Pursue Arbitration Not Shown as Being “Because of” Disability (Sleep Apnea)
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Celebrities – they’re just like us! That is one take-away from a recent Eastern District of New York decision, Jones v. Trevor Tahiem Smith, Jr., a/k/a Busta Rhymes et al, 16-cv-2194, 2018 WL 2227990 (E.D.N.Y. May 14, 2018) (M.J. Levy). There, plaintiff sued Busta Rhymes and Starbus LLC, alleging “that, while employed by defendants as [Busta]’s…

Read More Court Declines to Adopt “Celebrity Exception” to Public Access to Settlement Agreement in Age Discrimination, Wage Lawsuit Against Busta Rhymes
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