Court: SDNY

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In Benyard v. White Plains Hosp. Medical Center, the Southern District of New York granted summary judgment to defendants on plaintiff’s age discrimination claims. This case illustrates (among other things) that it is not enough for an age discrimination plaintiff to point to her years of service and replacement by a younger worker. This is…

Read More Age Discrimination Plaintiff Was Unable to Show Pretext, and General Complaints Did Not Support Retaliation Claim
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On October 28, 2013, the Southern District of New York issued its opinion in Guzman v. NY Post, holding that plaintiff Sandra Guzman presented sufficient evidence to proceed on her hostile work environment, discriminatory termination, and retaliation claims. The decision was (I am sure happily) covered by the Daily News here. Plaintiff is a black, Hispanic, Puerto Rican…

Read More Hostile Work Environment, Sexual Harassment, and Race/National Origin Claims Continue Against New York Post and Col Allan
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In Colon v. Fashion Institute of Technology, the Southern District of New York ruled on employment discrimination and retaliation claims brought by two plaintiffs, both Hispanic women, against FIT.  It considered claims brought by Genette Colon, a student aide, and Elvimar Rivas, a secretary, under various laws, including the Family and Medical Leave Act (FMLA),…

Read More Court Rules on Discrimination and Retaliation Claims Against Fashion Institute of Technology
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In Boutros v. JTC Painting, the Southern District of New York denied defendants’ motion to dismiss plaintiffs’ complaint seeking unpaid overtime under the Fair Labor Standards Act and the New York Labor Law. Plaintiffs are painters who worked for defendant JTC, a painting contractor owned by co-defendant Caruso.  They allege that JTC failed to pay…

Read More Overtime Complaint Was Not Moot in Light of Open-Ended Allegation of Hours Worked
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In a recent discovery order in Chen-Oster v. Goldman, Sachs & Co. – a putative class action in which plaintiffs allege that the Goldman Sachs defendants “engaged in a pattern of gender discrimination against female professional employees in violation of Title VII of the Civil Rights Act of 1964” and the NYC Human Rights Law – Southern District Magistrate…

Read More Court Cites and Applies Broad Discovery Rules in Pattern/Practice Gender Discrimination Case Against Goldman Sachs
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Neither rain, nor shine, nor discrimination lawsuits… The Southern District of New York recently granted summary judgment in favor of the U.S. Postal Service in a discrimination and retaliation lawsuit. The decision is Jimenez v. Donahoe, decided September 11, 2013. Plaintiff Carlos Jimenez, a mail handler (and musician) alleged that he was subjected to discrimination…

Read More Court Dismisses Musical Mailman’s Discrimination and Retaliation Claims
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In O’Neill v. Mermaid Touring Inc. (SDNY 11-9128 Sept. 10, 2013), the court granted defendants’ motion for summary judgment in part, and denied it in part. The decision is instructive on various issues in the wage/hour context, including the geographic limitations of the Labor Law, the extent to which “on call” time is compensable, and…

Read More Lady Gaga Wage Saga Continues
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The Southern District of New York recently decided Nelson v. City of New York, which it characterized as an atypical disability discrimination case that “raises several questions about the outer limits of federal disability law.” The court denied defendants’ motion for summary judgment (in part) with respect to plaintiff’s claims under (among other laws) the…

Read More NYPD Officer Can Continue Disability Discrimination Claims Against Defendants; No Showing That She Was a “Direct Threat” And Hence Unqualified
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In Viruet v. Port Jervis City School Dist., the Southern District of New York held that plaintiff, a Hispanic bus driver for defendant school district, presented enough evidence on her Title VII discrimination claim to defeat defendant’s motion for summary judgment. Plaintiff claimed that defendant refused to permit her to “bid” for a contract bus run,…

Read More Plaintiff Defeats Summary Judgment on National Origin, Race, and Color Discrimination Claims; Claims Not Precluded By Collective Bargaining Agreement
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Here and below is the letter recently filed by the attorney for plaintiffs Victoria Burhans and Chloe Rivera in their sexual harassment lawsuit against Vito Lopez and Sheldon Silver.  It responds to Silver’s letter in which he outlines his proposed motion to dismiss the case. As to their Section 1983 claims, plaintiffs contend, in part: Silver contends that plaintiffs’…

Read More Plaintiffs Submit Further Details and Argument Supporting Claims Against Sheldon Silver in Vito Lopez Sexual Harassment Case
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