D Motion for Summary Judgment Denied (Employment)

by

In Duarte v. St. Barnabas Hospital, 2017 WL 4082307, at *17 (S.D.N.Y. Sept. 13, 2017), the court held that material issues of fact precluded summary judgment for defendant on plaintiff’s disability and national origin-based hostile work environment claim. As to plaintiff’s hearing condition, the court noted: Here, Plaintiff has offered evidence that – during weekly…

Read More Accent- and Disability-Based Hostile Work Environment Claim Survives Summary Judgment
Share This:
by

In Allen v. A.R.E.B.A. Casriel, Inc., 2017 WL 4046127 (S.D.N.Y., 2017), the court held that plaintiff’s failure-to-accommodate-disability claim survived summary judgment.[1]The court dismissed, however, plaintiff’s claims of age and race discrimination. From the decision: Defendants concede that Plaintiff was disabled and that ACI was aware of Plaintiff’s macular degeneration. (Def. 56.1 ¶ 25). Defendants argue they…

Read More Failure to Accommodate Disability (Macular Degeneration) Claim Survives Summary Judgment
Share This:
by

In Mehulic v. New York Downtown Hosp., 2017 NY Slip Op 06416 (App. Div. 1st Dept. Sept. 12, 2017), the court reversed the trial court’s Order granting defendant summary judgment on plaintiff’s retaliation claim under Labor Law § 741 on the ground of collateral estoppel. From the decision: However, the motion court erred in finding that plaintiff’s…

Read More Whistleblower (NY Labor Law § 741) Retaliation Claim Survives Summary Judgment; OPMC Rulings Did Not Operate as Collateral Estoppel
Share This:
by

From James v. NYC Health & Hospitals Corp. et al, 2017 WL 3923675 (S.D.N.Y. Sept. 6, 2017): Defendants argue that Waiters’s alleged conduct was not sufficiently severe or pervasive as a matter of law. See Def. Br. at 12 (claiming conduct “lacks any semblance of concreteness, vulgarity or even obscenity”). That evidence, however, is sufficient…

Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment Against NYC Health & Hospitals Corp.
Share This:
by

In Welch v. Bill Cram, Inc. et al, 2017 WL 3676040 (W.D.N.Y. Aug. 25, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of quid pro quo sexual harassment, hostile work environment sexual harassment, and retaliation (but granted it with respect to his gender discrimination/disparate treatment claim. With respect to plaintiff’s quid…

Read More Sexual Harassment & Retaliation Claims Continue Against Upstate Auto Dealer Bill Cram, Inc.
Share This:
by

In Jenkins v. NYC Transit Authority, 2017 WL 3207093  (N.Y. Sup. Ct. Index 153761/13 July 28, 2017), the court denied defendants’ motion for summary judgment on plaintiffs’ sexual harassment/hostile work environment claims under the New York City Human Rights Law (NYCHRL). Plaintiffs, three female bus operators employed by the Manhattan and Bronx Surface Transit Operating…

Read More Bus Operators’ Sexual Harassment/Hostile Work Environment Claims Survive Summary Judgment
Share This:
by

In Bentivegna v. People’s United Bank, No. 214CV599ADSGRB, 2017 WL 3394601 (E.D.N.Y. Aug. 7, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims. The law: To establish a hostile work environment claim under federal and New York State law, a plaintiff must demonstrate that the conduct at issue…

Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Sexually Inappropriate Comments and Belittling Plaintiff in Front of Male Co-Workers
Share This:
by

In Fatcheric v. Bartech Grp., Inc., No. 15CV9702, 2017 WL 3084418 (S.D.N.Y. July 19, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of unlawful termination based on her disability, in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Disability Discrimination Claims Survive Summary Judgment, in Light of Dispute as to Whether Working On-Site Was an “Essential Function” of Plaintiff’s Job
Share This:
by

In McLeod v. The Jewish Guild for the Blind, No. 15-2898-CV, 2017 WL 3049541 (2d Cir. July 19, 2017) (Summary Order), the Second Circuit vacated a lower court’s award of summary judgment to defendant employer on plaintiff’s sexual harassment hostile work environment claim. Among other things, the court reiterated that it is improper for a…

Read More 2d Circuit Vacates Summary Judgment for Defendant on Hostile Work Environment Claim; Warns Lower Courts That All Circumstances Must Be Considered
Share This:
by

In Vaughn v. Empire City Casino at Yonkers Raceway et al, No. 14-CV-10297 (KMK), 2017 WL 3017503 (S.D.N.Y. July 14, 2017), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s claim that he was subjected to discrimination – by being terminated and suspended – because of his race, in violation of Title VII…

Read More Race Discrimination Claim Survives Summary Judgment; Evidence Included Supervisor’s Use of the “N-Word” and Favorable Treatment of White Co-Worker
Share This: