In Palmer v New York City Dept. of Health & Hygiene, 2016 NY Slip Op 30037(U) (Sup. Ct. N.Y. Cty. Jan. 5, 2016), the court granted defendant’s motion for summary judgment dismissing plaintiff’s complaint alleging disability discrimination. The law: A prima facie case of discrimination requires a showing by plaintiff that: [1] she is a…
Read More Absenteeism, Not Disability, Was Reason for Termination, Court HoldsIn a lawsuit filed on December 30, 2015 in New York Supreme Court (Figueroa v. Ministry for Foreign Affairs of Sweden et al., Index # 163141/2015), plaintiff Carlos Figueroa, a chauffeur and office clerk employed by the Sweden’s New York Mission to the United Nations, asserts various claims, including for personal injuries (sustained while assembling…
Read More Personal Injury and Discrimination Lawsuit Against Sweden’s New York Mission to the United NationsIn Turner v. Manhattan Bowery Mgmt. Corp., 49 Misc. 3d 1220(A) (N.Y. Sup. Ct. 2015), the court held that plaintiff (an African American maintenance worker) presented sufficient evidence to overcome summary judgment on his race discrimination, hostile work environment, and retaliation claims. As to his hostile work environment claim, the court held: [P]laintiff presented sufficient…
Read More Plaintiff Overcomes Summary Judgment on Race Discrimination, Hostile Work Environment, and Retaliation ClaimsHere is the NY State court complaint, filed by plaintiff Ashley Chase, against her superintendent (Jose Cedillo) and others. She alleges, among other things, that Cedillo entered her apartment and sniffed her underwear, and that she discovered/caught Cedillo’s actions on video via a smartphone app. Here is the NY Post article about the case.
Read More Lawsuit Against Underwear-Sniffing SuperintendentIn a recent lawsuit, captioned Stagner v. Trader Joe’s, Index # 161608/2015 (N.Y. Sup. Ct. filed Nov. 11, 2015), plaintiff Diana Clair Stagner (and her husband Jerry Lanning) allege that she was injured when, while at the checkout counter with goods at an Upper West Side Trader Joe’s, “[an employee or agent of] Defendant Earlybird…
Read More Personal Injury Lawsuit Against Trader Joe’sA recent New York Supreme Court case, Spellman v. Gucci Am. Inc., 2015 NY Slip Op 31728(U) (Sup. Ct. NY Cty. Sept. 11, 2015), illustrates that “hostility” disconnected from the plaintiff’s protected class is insufficient to state a cause of action, even under the relatively broad NYC Human Rights Law. The court dismissed plaintiff’s hostile work environment claim…
Read More Alleged Threats of Death and Termination Insufficient to Allege a Cause of Action for a Hostile Work Environment Under the NYC Human Rights LawIn Hardwick v. Auriemma, 2015 NY Slip Op 31836(U) (Sup. Ct. NY Cty. Sept. 25, 2015), an employment discrimination case, the court granted plaintiff’s motion to amend her complaint, pursuant to CPLR 3025(b), to add former NBA Commissioner David Stern as a party defendant and to add a claim for constructive discharge. (Here is plaintiff’s…
Read More Plaintiff Permitted to Amend Employment Discrimination/Sexual Harassment Complaint Against the NBAIn a recent lawsuit filed in New York State Supreme Court, captioned Germain v. David Bouley LLC et al (Index No. 160184/2015, filed 10/2/15), plaintiff alleges that she was subjected to a hostile work environment based on sex and constructive discharge in violation of the NYS and NYC Human Rights Laws. Among other things, plaintiff…
Read More Sexual Harassment Lawsuit Against David BouleyAn employee of the Metropolitan Repertory Ballet alleges in a recent lawsuit, Volpe v. Anthony Carmine Paniccioli et al (NY Sup. Ct., NY Cty., Index # 159739/2015, filed 9/21/15), that her boss, defendant Paniccioli, subjected her to sexual assault and sexual harassment and breached an agreement to pay her for her work on a movie…
Read More Sexual Harassment Lawsuit Against Metropolitan Repertory Ballet Board Member/SponsorIn a recently-filed lawsuit, Silva v. Georgio Armani Corp. et al (filed NY Sup. Ct., NY Cty., Index # 159449/2015) (complaint here), plaintiff Fabio Silva – formerly defendant’s General Counsel and VP for Legal Affairs – alleges that defendant discriminated against him based on his Mexican nationality and his colon cancer diagnosis and retaliated against…
Read More Lawsuit Against Georgio Armani Alleges Disability Discrimination, National Origin Discrimination, Retaliation, and Hostile Work Environment