D Motion for Summary Judgment Denied

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Punctuality is important, and many employers rightly take the position that excessive tardiness can be grounds for discipline, up to and including termination.  However, a recent Second Circuit case holds that arriving on time is not necessarily an “essential function” of the job under the Americans with Disabilities Act of 1990 (ADA). Specifically, McMillan v.…

Read More 2nd Circuit: Being On Time Is Not Necessarily an “Essential Function” Of Job
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Summa v. Hofstra (11-1743, Feb. 21, 2013):  The Second Circuit found that plaintiff student/football team manager Lauren E. Summa presented sufficient evidence to support her retaliation (but not her harassment) claims against the defendants.  Plaintiff claimed that she was harassed by several football players and then subjected to retaliation for complaining about it.  Among other things,…

Read More 2nd Circuit: Student/Coach May Continue Retaliation, But Not Harassment, Claims Against Hofstra University
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In a recent opinion (Desardouin v. City of Rochester, No. 12-187-cv (2nd Cir. Feb. 19, 2013)), the Second Circuit reversed a summary judgment for defendant and upheld plaintiff Jewanta Desardouin’s hostile work environment claim. It held that even though her case was not an “obvious” one of hostile work environment, plaintiff’s “allegations of repeated solicitation…

Read More Plaintiff’s Hostile Work Environment Claim Survives Summary Judgment Where Supervisor Said That Plaintiff’s Husband Was “Not Taking Care of Her in Bed”
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In Hernandez v. Kaisman, 2012 NY Slip Op 09191 [103 AD3d 106], the Appellate Division, First Department recently clarified that hostile work environment claims brought under the New York City Human Rights Law (NYCHRL) must be analyzed separately from, and more broadly than, similar claims brought under state and federal law. In this case the motion court…

Read More First Department Reinstates Plaintiff’s Sexual Harassment/Hostile Work Environment Claims Under the NYC Human Rights Law
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In Allen v. Rivera, a rear-end collision case, the trial court found that summary judgment was not appropriate as to (1) liability and (2) the “serious injury” threshold.  A car driven by Allen, the plaintiff, was struck from behind by a car driven by Rivera. 1.      Liability – Rear-End Collision The court began by stating…

Read More Summary Judgment Denied As To (1) Liability and (2) Serious Injury In Rear-End Collision Case
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In Donnelly v. Greenburgh Central School Dist. (2d Cir. Aug. 10, 2012), plaintiff, a former high school teacher, alleged that his employer unlawfully denied him tenure in retaliation for taking protected leave pursuant to the Family and Medical Leave Act (“FMLA”).  Plaintiff received negative reviews and was denied tenure shortly after he took medical leave…

Read More Second Circuit Reverses FMLA Decision Against High School Teacher
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