Employment Discrimination

by

From Thygesen v. N. Bailey Volunteer Fire Co., No. 16-00775, 2017 WL 2491451, at *2 (N.Y. App. Div. June 9, 2017): [P]laintiff is not required to prove his claim to defeat summary judgment” (Ferrante, 90 N.Y.2d at 630). Rather, “[t]o defeat a properly supported motion for summary judgment in [a sexual orientation] discrimination case, plaintiff[ ]…

Read More Sexual Orientation Employment Discrimination Claim Survives Summary Judgment
Share This:
by

Today is the NYC Pride March, part of an annual celebration to commemorate the Stonewall Riots of 1969 – the event(s) that sparked the beginning of the modern Gay/LGBT Rights movement. Various laws protect employees against discrimination because of their sexual orientation. For example, the New York City Human Rights Law provides, in relevant part:…

Read More NYC Pride March 2017
Share This:
by

In Moraetis v. Evans, 2017 NY Slip Op 03451 (App. Div. 1st Dept. May 2, 2017), the court discussed the application of the “single employer” doctrine to plaintiff’s discrimination claims under the New York State and City Human Rights Laws, and the use of independent contractors to meet the four-person threshold under the City Law. From the…

Read More “Single Employer” Doctrine Held Inapplicable in Gender Discrimination Case
Share This:
by

In Rubin v. Napoli Bern Ripka Shkolnik, LLP, 2017 NY Slip Op 05054 (App. Div. 1st Dept. June 20, 2017) – a gender discrimination lawsuit – the court unanimously affirmed the denial of defendant’s motion to amend his answer to assert counterclaims for defamation and defamation per se. From the decision: [D]efendant fails to state with particularity…

Read More Defamation Counterclaims Insufficiently Alleged in Gender Discrimination Suit Against Napoli Bern Firm
Share This:
by

In a recently-filed New York state court complaint, captioned Bardiovsky v. Byo Co. d/b/a EN Japanese Brasserie (NY Sup. Ct. NY Cty. 155558/2017 June 19, 2017), plaintiff alleges (inter alia) that “celebrity chef” Abe Hiroki “regularly made sexually suggestive comments to Plaintiff”, “told Plaintiff to touch a vegetable that he said looked like a vibrator”,…

Read More Sexual Harassment Lawsuit Against EN Japanese Brasserie and “Celebrity Chef” Abe Hiroki
Share This:
by

In Gentleman v. State Univ. of N.Y.-Stony Brook, No. 16-CV-2012(ADS)(AKT), 2017 WL 2468963 (E.D.N.Y. June 6, 2017), the court held that plaintiff sufficiently alleged a claim of discrimination under the Rehabilitation Act. In sum, the court concluded that – applying the more lenient standard for “regarded as disabled” claims – plaintiff plausibly alleged that she “was…

Read More Plaintiff Plausibly Alleges “Regarded As” Disability Discrimination Claim Against SUNY
Share This:
by

In Barone v. Emmis Communications Corp., 2017 NY Slip Op 04787 (App. Div. 1st Dept. June 13, 2017), the court reversed the lower court’s order granting defendants’ motion for summary judgment on her gender discrimination claim. (I wrote about the lower court’s decision here.) The court wrote: As ostensibly nondiscriminatory reasons for terminating plaintiff, defendants pointed to…

Read More Gender Discrimination Claim Survives Summary Judgment; Issues of Fact Existed as to Pretext
Share This:
by

In Wooding v. Winthrop University Hospital et al, No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017) (J. Spatt), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6). It held that plaintiff plausibly alleged various claims, including race discrimination, retaliation, and hostile…

Read More Race Discrimination Plausibly Alleged Against Winthrop University Hospital; Complaint Referred to Use of the Word “Nigger” and “Coded” Racial Language
Share This:
by

From Bailey v. Sunrise Senior Living Mgmt., Inc., No. 16-CV-7184(JS)(GRB), 2017 WL 2371196 (E.D.N.Y. May 31, 2017): Here, although Plaintiff’s Complaint broadly alleges that he was subjected to a religion-based or national origin-based adverse employment action, there are no facts set forth in the Complaint from which the Court could reasonably infer a religious-based, or…

Read More “You Are Not a Christian” Comment Insufficient to Plausibly Allege Title VII Discrimination Based on Religion, National Origin
Share This:
by

Schlosser v. Time Warner Cable Inc., No. 14CV9349, 2017 WL 2468975 (S.D.N.Y. June 7, 2017) (J. Pauley), a recent federal court decision, highlights the difference between federal anti-discrimination law (here, the Age Discrimination in Employment Act) and the comparatively broader New York City Human Rights Law. The court dismissed plaintiff’s ADEA claim, holding that the…

Read More ADEA Age Discrimination Claim Dismissed; NYC Human Rights Law Age Discrimination Claim Survives (Sort Of)
Share This: