Court: EDNY

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In Tate v. Levy Rest. Holdings, LLC, No. 14-CV-2056, 2015 WL 9076230 (E.D.N.Y. Dec. 16, 2015), the court stated and applied the standard for awarding attorney fees to a prevailing defendant in an employment discrimination case. You can read about the Eastern District’s dismissal of claims brought by the plaintiff – a gay male waiter who…

Read More Court Denies Attorney Fees to Prevailing Defendant in Sexual Orientation Discrimination Case
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In Geras v. Hempstead Union Free Sch. Dist., No. 13-CV-5094(ADS)(AYS), 2015 WL 9182980 (E.D.N.Y. Dec. 17, 2015), the court noted that “although the standard for establishing a hostile work environment is high, … [t]he environment need not be unendurable or intolerable.” From the decision: [T]here is testimonial evidence that the Plaintiff was “harassed [and] belittled on…

Read More “Reverse” Race Discrimination Hostile Work Environment Claim Survives Summary Judgment
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In Lopez v. Hollisco Owners’ Corp., No. 14-CV-3738, 2015 WL 7748358 (E.D.N.Y. Nov. 30, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA) and the NYC Human Rights Law. In sum, the court held that an employer may “condition an employee’s return to…

Read More Hepatitis Disability Discrimination Claim Dismissed Under the ADA’s “Business Necessity” Exception
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In Lee v. Winthrop University Hosp., 2015 WL 7161955 (E.D.N.Y.,2015), the Eastern District of New York explained its decision to grant defendants’ motion for summary judgment and dismiss his employment discrimination complaint. As to his race discrimination claims: The Plaintiff attempts to create a genuine issue of material fact by asserting that the disciplinary warnings…

Read More Court Explains Reasons for Dismissing Race & National Origin Discrimination Claims Against Hospital
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In the case of E.E.O.C. v. Suffolk Laundry Servs., Inc., No. 12-cv-409 (E.D.N.Y.), the parties recently entered into a Consent Decree resolving the matter. (I previously wrote about this case.) The Consent Decree (here, with exhibits and below), which will remain in effect for three years from its date of entry, provides various forms of relief, including…

Read More $582k Settlement in Hostile Work Environment/Sexual Harassment Lawsuit Against Suffolk Laundry
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In Lenzi v. Systemax, Inc., No. 14-CV-7509 SJF, 2015 WL 6507842 (E.D.N.Y. Oct. 26, 2015), the court held that the female plaintiff stated a claim under the federal and New York state Equal Pay Acts. The law, per the court: The federal Equal Pay Act, 29 U.S.C. § 206(d)(1) prohibits employers from discriminating between employees on…

Read More Female Plaintiff Plausibly Alleges Equal Pay Act Violations
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In Bacchus v. New York City Dep’t of Educ., No. 12 CV 1663 PKC, 2015 WL 5774550 (E.D.N.Y. Sept. 30, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s (a black woman of Guyanese national origin) claims of employment discrimination and hostile work environment. This case provides a helpful analysis of whether alleged…

Read More Race, National Origin Discrimination Claims Survive Summary Judgment; Alleged Discriminatory Comments Were Not “Stray Remarks”
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In Graham v. City of New York, No. 08-CV-3518 MKB, 2015 WL 5258741 (E.D.N.Y. Sept. 10, 2015), the court upheld a jury verdict that NYPD officers falsely arrested the plaintiff for “obstructing governmental administration” in violation of NY Penal Law § 195.05. Here is plaintiff’s complaint. This case arose from a factual scenario that could…

Read More Court Explains Reasons for Upholding $150,000 False Arrest Jury Verdict
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In Husser v. New York City Dep’t of Educ., No. 12-CV-6095 MKB JO, 2015 WL 5774741 (E.D.N.Y. Sept. 30, 2015), plaintiff alleged that defendants willfully failed to pay her wages equal to those paid to men for equal work, retaliated against her, and subjected her to a hostile work environment. The court adopted the Magistrate Judge’s Report…

Read More Gender Pay Discrimination and Retaliation, But Not Hostile Work Environment, Claims Survive Summary Judgment
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In Irons v. Bedford-Stuyvesant Cmty. Legal Servs., No. 13-CV-4467 MKB, 2015 WL 5692860 (E.D.N.Y. Sept. 28, 2015), the court dismissed a male plaintiff’s claims of sexual harassment/hostile work environment, gender discrimination, and retaliation. Here I’ll discuss one aspect of the case – namely, the court’s decision to grant defendants summary judgment on plaintiff’s claims of…

Read More Court Dismisses Male Employee’s Sex Discrimination Claims
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