Court: EDNY

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In Conforti v. Sunbelt Rentals, Inc., No. 15-cv-5045, 2016 WL 4288699 (E.D.N.Y. Aug. 15, 2016), the court held  that the Plaintiff “satisfied the minimal showing required at this motion to dismiss stage to plausibly allege that the Defendant’s decision to terminate her employment … was motivated at least in part by a discriminatory reason.” Judge Spatt…

Read More Replacement By Men, Sexist Comments, Etc. Among Facts That Plausibly Alleged Gender Discrimination
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In Boudouris v. Cty. of Nassau, No. 14-cv-6719, 2016 WL 4288645 (E.D.N.Y. Aug. 15, 2016), a sexual harassment and retaliation case, the court cited and applied the standard for deposing “high-ranking government officials.” In this case, plaintiff sought to take the depositions of two government officials: Nassau County Executive Edward P. Mangano and Nassau County Sheriff Michael…

Read More Court Grants Motion to Compel Depositions of High-Ranking Government Officials in Sexual Harassment Case
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In Durick v. New York City Dep’t of Educ., No. 15 CIV. 7441 (BMC), 2016 WL 4385908 (E.D.N.Y. Aug. 17, 2016), the court held that plaintiff’s failure-to-accommodate-disability and constructive discharge claims under the Americans with Disabilities Act survived summary judgment. Failure to Accommodate As to plaintiff’s failure to accommodate claim, the court explained: In order…

Read More Parking Space Reasonable Accommodation (Disability) Claim Survives Summary Judgment
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In Epstein v. County of Suffolk & Suffolk County Community College, No. 14-CV-0937, 2016 WL 4257349 (E.D.N.Y. Aug. 11, 2016), the court dismissed plaintiff’s claims for, e.g., age discrimination, disability discrimination (failure to provide reasonable accommodation), and hostile work environment. In this post I’ll discuss the court’s evaluation of plaintiff’s failure-to-accommodate-disability and hostile work environment claims.…

Read More Professor’s Hostile Work Environment & Sleep-Related Disability Discrimination Claims Dismissed as Insufficiently Pled
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In Beecher v. Northwell Health, EDNY 16-cv-4190, plaintiff alleges gender discrimination, hostile work environment, and retaliation. Among plaintiff’s allegations were that defendant’s Administrative Director, Nelson Mercurio, “went out of his way to catch the female staff members wearing scented products and, upon information and belief, was observed smelling the female staff in an effort to reprimand…

Read More Gender Discrimination, Hostile Work Environment, and Retaliation Lawsuit Cites Employee-Sniffing Boss
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In Green v. Rochdale Village Social Services, Inc., No. 15 CIV. 5824 (BMC), 2016 WL 4148322 (E.D.N.Y. Aug. 4, 2016), the court granted in part and denied in part defendants’ motion for summary judgment. Plaintiff – a van driver employed by a senior center – asserted that she was subjected to sexual harassment by a…

Read More Hostile Work Environment Claim Proceeds Based on Sexual Conduct by Non-Employee Senior Citizen Client
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In Yang v. Dep’t of Educ. of the City of New York, 2016 WL 4028131 (E.D.N.Y. July 26, 2016), the court denied defendant’s FRCP 12(b)(6) motion to dismiss plaintiff’s disparate treatment and hostile work environment claims based on her national origin (Chinese). As to plaintiff’s hostile work environment claim, the court explained: [T]he Court concludes…

Read More National Origin (Chinese) Disparate Treatment and Hostile Work Environment Claims Plausibly Alleged
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In Richardson-Holness v. Alexander, No. 13-CV-2761 (NG), 2016 WL 4027978 (E.D.N.Y. July 26, 2016), the court denied in part defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim (with respect to certain alleged actions) and her hostile work environment claim. In sum, plaintiff (a probationary teacher) alleged “that defendant Michael A.…

Read More NYC Public School Teacher’s Quid Pro Quo Sexual Harassment and Hostile Work Environment Claims Survive Summary Judgment
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In Felmine v. Service Star, No. 13-cv-2641, 2016 WL 4005763 (E.D.N.Y. July 25, 2016), the court granted defendants’ summary judgment motion and dismissed plaintiff’s claims for (1) quid pro quo sexual harassment, (2) hostile work environment, (3) retaliation, and (4) disability discrimination. Plaintiff – a cargo handling agent – alleged that defendant “subjected him to…

Read More Court Dismisses Sexual Harassment Claims Based on Conduct of Non-Supervisory Co-Worker
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In Deberry v. Brookdale Univ. Hosp. & Med. Ctr., No. 12-CV-6251(SLT)(RLM), 2016 WL 3840673 (E.D.N.Y. July 12, 2016), the court dismissed plaintiff’s discrimination, harassment, and hostile work environment claims. Here I’ll focus on its discussion of plaintiff’s hostile work environment claim. This case is instructive on the issue of when the alleged harassment may be…

Read More Court Discusses the “Imputing Conduct” Element of a Hostile Work Environment Claim
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