Court: EDNY

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In Dash v. The Board of Education of the City School District of New York, No. 15-CV-2013, 2017 WL 838226 (E.D.N.Y. Mar. 3, 2017), the court held that the plaintiff – a male, African American assistant principal – presented enough facts to overcome defendant’s motion for summary judgment (in part), and permitted his hostile work environment…

Read More Male Teacher/Assistant Principal’s Hostile Work Environment Claim Survives Summary Judgment
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In Townsend v. Ganci, No. 16-CV-2814 (JFB), 2017 WL 752203 (E.D.N.Y. Feb. 27, 2017), the Eastern District of New York upheld a Bankruptcy Court determination that a debt resulting from a judgment (following a jury verdict) for the plaintiff in an employment discrimination (sexual harassment/hostile work environment) case was non-dischargeable in bankruptcy. The law provides: The…

Read More Eastern District Affirms Non-Dischargeability of Debt Arising From Plaintiff Verdict/Judgment in Sexual Harassment/Hostile Work Environment Case
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It is an unfortunate reality that many employment discrimination cases are dismissed. These cases are often difficult to prove, and success requires navigating a path riddled with hurdles, ranging from statutes of limitation, to proper pleading, to dismissal on summary judgment following the completion of discovery. A recent example is Edwards v. N.Y. State Office of…

Read More Court Dismisses Born Again Christian’s Employment Discrimination, Hostile Work Environment, and Retaliation Claims
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In Prophete-Camille v. Stericycle, Inc., No. 14-CV-7268(JS)(AKT), 2017 WL 570769 (E.D.N.Y. Feb. 13, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim. With respect to the issue of whether the workplace was sufficiently “hostile”, the court explained: The Court finds that Plaintiff has raised issues of fact on her…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Evidence Included Sexual Comments and References to Sexual Acts, Sexual Relationship
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In Ghonda v. Time Warner Cable, Inc., 16-cv-2610, 2017 WL 395111 (EDNY Jan. 27, 2017) – in which plaintiff asserts claims of employment (gender) discrimination, sexual harassment, and retaliation – the court denied plaintiff’s request to quash a subpoena seeking information relating to plaintiff’s prior employer. From the Order: Plaintiff’s contention that the mere service…

Read More Court Permits “Former Employer” Discovery in Sexual Harassment Case
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In Lawrence v. Sol G. Atlas Realty Co., No. 14-cv-3616, 2016 WL 7335612 (E.D.N.Y. Dec. 16, 2016), the court denied in part defendants’ motion to dismiss plaintiff’s retaliation claims. (This decision follows the Second Circuit’s October 28, 2016 decision vacating the district court’s order compelling arbitration of plaintiff’s claims.) Here are the facts, as summarized…

Read More Black Porter Sufficiently Pleads Retaliation, But Not Against an Individual Who Did Not Have the Requisite “Personal Involvement”
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In Fisher v. Mermaid Manor Home for Adults, LLC, No. 1:14-CV-03461-WFK-JO, 2016 WL 7330554 (E.D.N.Y. Dec. 16, 2016), the court upheld a jury verdict for an African American plaintiff on her employment discrimination claims. This employment discrimination case, asserted under Title VII of the Civil Rights Act of 1964 and the NYC Human Rights Law, “began…

Read More Court Upholds Jury Verdict in “Instagram Planet of the Apes” National Origin Discrimination Lawsuit
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In a recent Brooklyn federal lawsuit, captioned Fischer v. WW Bakers LLC (EDNY 16-5103), plaintiff (a baker) asserts, inter alia, that defendant violated New York’s general whistleblower law, NY Labor Law 740, after he advised his employer about bug-infested flour. That statute, inter alia, provides: An employer shall not take any retaliatory personnel action against…

Read More Baker Asserts Whistleblower Claim Arising From Termination Following Complaint of Bug-Infested Flour
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