Court: EDNY

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In Sherman v. County of Suffolk, the Eastern District of New York addressed plaintiff’s discrimination claims under the Americans with Disabilities Act (ADA). The court held that plaintiff presented enough evidence to overcome summary judgment on his ADA discrimination claim: [W]hile the Plaintiff does not point to any direct evidence of discriminatory intent, such as derogatory…

Read More ADA-Based Discrimination and Retaliation, but not Hostile Work Environment, Claims Survive Summary Judgment
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Here is the lawsuit recently filed by a teacher against the New York City Department of Education and principal Howard Kwait. Plaintiff alleges sexual harassment/hostile work environment and retaliation. For example, she alleges that the principal, Howard Kwait, made numerous sexual advances toward her, including on one occasion straddled and touched plaintiff and simulated sexual…

Read More Teacher Sues School (John Bowne) and Principal Howard Kwait for Sexual Harassment/Hostile Work Environment and Retaliation
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In Denis v. Home Depot, U.S.A., the Eastern District of New York recently permitted plaintiff to amend his complaint to add a claim for punitive damages. Plaintiff alleged that he sustained personal injuries resulting from a false arrest at a Nanuet, NY Home Depot store for attempted shoplifting. Here are the pertinent facts, as summarized…

Read More Plaintiff May Amend Complaint to Add Claim for Punitive Damages in False Arrest Lawsuit Against Home Depot
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In Bright v. Coca Cola, 12-cv-234 (EDNY Nov. 3, 2014), an employment discrimination case, the Eastern District of New York granted summary judgment in defendant’s favor. Judge Cogan’s decision is instructive regarding the use of depositions in employment litigation. For non-lawyers/litigators, a “deposition” is (briefly and generally speaking) a witness’s out-of-court testimony that is reduced to…

Read More “Have You Identified All Facts Supporting Your Claims?”
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In Peralta v. Roros 940, Inc., 72 F. Supp. 3d 385 (E.D.N.Y. 2014), the Eastern District of New York denied defendants’ summary judgment motion as to plaintiff’s discriminatory termination (based on pregnancy) claim, but granted it as to her pregnancy-based hostile work environment claim. The defendant, a FedEx subcontractor, alleged that plaintiff, a delivery driver, was…

Read More Unequal Treatment of Non-Pregnant Co-Workers Supports Pregnancy Discrimination Claim Against FedEx Subcontractor
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In Corrado v. New York State Uniform Court System, the Eastern District of New York explained the difference between an “adverse action” for purposes of retaliation and an “adverse action” for purposes of discrimination based on a protected class (so-called disparate treatment). Specifically: To show a prima facie case of retaliation, plaintiff must demonstrate that…

Read More Court Explains Differing Standards for “Adverse Action” Depending on Whether Claim is For Retaliation or Status-Based Employment Discrimination
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As illustrated by a recent federal court decision, a plaintiff may be able to assert false arrest claims against a private individual who makes a false report to the police, resulting in plaintiff’s arrest. In Sanders-Peay v. NYC Dept. of Educ., decided Nov. 18, 2014, the Eastern District of New York held that plaintiff, a Department…

Read More False Arrest Claims, Based on False Statements to Police, Sufficiently Pled
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In Verga v. Emergency Ambulance Service Inc. et al, the Eastern District of New York denied defendants’ motion for summary judgment on his retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff, an EMT, alleged that he was fired after complaining about sexual…

Read More Court Finds Sufficient Evidence (at the Summary Judgment Stage) of “But For” Causation in Title VII Retaliation Case
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In Santiesteban v. Nestle Waters North America, Inc. (decided Oct. 15, 2014), the Eastern District of New York denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination and hostile work environment (based on religion). As to plaintiff’s discrimination claim, the court held: [T]he comments that “you people are manipulative,” that “Plaintiff manipulated … Cappetta…

Read More Evidence of Derogatory Comments About Jews Leads to Denial of Summary Judgment in Employment Discrimination Case
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A recent Eastern District decision, Delisi v. National Ass’n of Professional Women, illustrates the circumstances under which an individual defendant – here, defendant’s general counsel – may be liable under the “aiding and abetting” and retaliation provisions of the New York State Human Rights Law (NYSHRL). Generally, plaintiff asserted that she was subjected to sexual harassment, and…

Read More Company’s Alleged Failure to Investigate Discrimination Complaint Supported “Aiding and Abetting” and Retaliation Claims
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