In Lester v. New York State Office of Parks, Recreation & Historic Pres., No. 10863/09, 2016 WL 2338530 (N.Y. App. Div. 2nd Dept. May 5, 2016), the court held that the lower court should not have dismissed plaintiff’s age discrimination claim on summary judgment. Here are the facts, as summarized by the court: [P]laintiff worked for…
Read More Lifeguard’s Age Discrimination Case Survives Summary JudgmentIn addition to being difficult to prove, employment discrimination cases are riddled with procedural minefields. One wrong step, and boom: your case is over. A recent decision, Miller v. St. Luke’s Roosevelt Hosp. Ctr. d/b/a Mount Sinai Roosevelt Hosp., No. 15-cv-7019, 2016 WL 1275066 (S.D.N.Y. Apr. 1, 2016), illustrates that in the law, seemingly mundane…
Read More Checking Wrong EEOC Box Results in Dismissal of Claim as Time-BarredIn Hudson v. Merrill Lynch & Co., No. 156706/13, 2016 WL 1453976 (N.Y. App. Div. 1st Dept. Apr. 14, 2016), the court affirmed the dismissal of plaintiffs’ gender discrimination claims, under the NYC Human Rights Law, against Merrill Lynch. The court summarized the law: A motion for summary judgment dismissing a City Human Rights Law…
Read More Gender Discrimination Claim Against Merrill Lynch DismissedIn a complaint captioned Almestica v. The New York Friars Club et al (N.Y. Sup. Ct. Index No. 153986/2016 filed May 11, 2016), plaintiff – a receptionist who worked at the Friars Club’s midtown Manhattan club – alleges, among other things, that Keith Charet (a Friars Club officer) subjected her to sexual harassment – by, e.g.,…
Read More Sexual Harassment Lawsuit Against The Friars ClubIn Imperato v. Otsego Cty. Sheriff’s Dep’t, No. 13-cv-1594, 2016 WL 1466545 (N.D.N.Y. Apr. 14, 2016), the court held that plaintiff submitted sufficient evidence to overcome summary judgment on her sex-based hostile work environment claim. From the decision: Here, while the evidence before the Court is lacking in specifics regarding instances of discriminatory conduct directed toward…
Read More Upstate Corrections Officer Survives Summary Judgment on Gender-Based Hostile Work Environment ClaimIn Edwards v. Khalil, No. 12 CIV. 8442 (JCM), 2016 WL 1312149 (S.D.N.Y. Mar. 31, 2016), the court held (among other things) that plaintiff (a female police officer) presented enough evidence to survive summary judgment on her claims of gender discrimination under Title VII and 42 U.S.C. § 1983. From the decision: On the basis…
Read More Title VII Gender Discrimination Claim Survives Summary Judgment; Plaintiff Presented Evidence That Female Plaintiff Was Disciplined More Harshly Than Similarly-Situated Male WorkersA recent Southern District case, Moore v. Verizon, No. 13-CV-6467 (RJS), 2016 WL 825001 (S.D.N.Y. Feb. 5, 2016), illustrates that the New York City Human Rights Law – while the broadest of the anti-discrimination statutes protecting New York City employees and residents – is not of unlimited breadth. Here, plaintiff (a 62 year-old African American…
Read More Two Age-Related Comments Insufficient to Establish Liability Under the NYC Human Rights Law, Court HoldsIn Gomez v. Stonybrook Univ., 14-cv-7219, 2016 WL 1039539 (E.D.N.Y. Jan. 28, 2016), report and recommendation adopted, 2016 WL 1045536 (E.D.N.Y. Mar. 15, 2016), the court held that plaintiff did not suffer an “adverse employment action” and hence dismissed her discrimination claim. (The below text is taken from the Magistrate’s Report and Recommendation.) This case…
Read More Denial of Transfer Did Not Amount to an “Adverse Employment Action”The NYC Commission on Human Rights recently issued its Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy (as set forth in Local Law No. 78 (2013); N.Y.C. Admin. Code § 8-107(22)). (Press release here.) The Legal Guidance provides, in part: Pregnancy discrimination under the NYCHRL is discrimination based on gender. Prior to 2014,…
Read More NYC Commission on Human Rights Issues Pregnancy Discrimination Legal Enforcement GuidanceIn employment discrimination law, the term “unlawful employment practice” has a very specific meaning. In Cooper v. New York State Department of Labor, 15-3392 (2nd Cir. April 26, 2016), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Here are the (summarized) facts: In December…
Read More 2d Circuit: Title VII Retaliation Claim Was Properly Dismissed; Amendment of Internal Procedures Was Not an “Unlawful Employment Practice”