Employment Discrimination

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A Summary Order issued today by the Second Circuit (in Kirkweg v. New York City Department of Education) includes language helpful to plaintiffs asserting retaliation claims. Citing the Supreme Court’s decision in Burlington N. & Sante Fe Ry. Co. v. White, 548 U.S. 53, 68−70 (2006) and Second Circuit precedent, the Second Circuit explains: In granting dismissal,…

Read More Second Circuit: Pecuniary Injury Not Necessary for “Adverse Action” for Retaliation Claim
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In a recently-filed lawsuit, Last v. Consolidated Edison (SDNY 16-cv-00468), plaintiff Jovira Last asserts that she experienced sex-based discrimination at her employer, Con Edison, in violation of Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The complaint refers to “ConEd’s negative and stereotyped view of women…

Read More Sex Discrimination Lawsuit Against Con Edison
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In Lekettey v. City of New York, No. 15-1169-CV, 2016 WL 482109 (2d Cir. Feb. 8, 2016), the court affirmed a lower court’s dismissal of plaintiff’s complaint alleging sexual harassment. There are generally two theories of sexual harassment recognized under Title VII of the Civil Rights Act of 1964: (1) “quid pro quo” sexual harassment,…

Read More Sexual Harassment Allegations Insufficiently Alleged, Notwithstanding Assertion of “Fondling”
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In Echeverri v. The New York City Dept. of Sanitation, No. 15 CIV. 80 (LGS), 2016 WL 427914 (S.D.N.Y. Feb. 3, 2016), the court denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims under the Americans with Disabilities Act and the NYC Human Rights Law.. This opinion is instructive on, among other things,…

Read More Sanitation Worker’s Disability Discrimination Claim Survives Summary Judgment
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In a recent complaint filed in the Southern District of New York, Moore v. Despont Studios LLC et al, 15-cv-00619, plaintiff – an architect and former employee of Despont Studios LLC d/b/a The Office of Thierry W. Despont, Ltd. – asserts claims of gender discrimination, pregnancy discrimination, and retaliation. From her complaint: In stark contrast to its progressive…

Read More Lawsuit: Pregnancy/Gender Discrimination, FMLA Retaliation Allegations Against Despont Studios LLC d/b/a The Office of Thierry W. Despont, Ltd.
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In Santiago-Mendez v. City of New York, 2016 WL 416877 (N.Y. App. Div. 1st Dept. Feb. 4, 2016), the court held that plaintiff’s non-time-barred claims for race, national origin, and gender discrimination as against the City of New York and two individual defendants should not have been dismissed. Here is the Order appealed from; here is plaintiff’s complaint. From the…

Read More Decision: NYPD Detective’s Race, National Origin, and Gender Discrimination Claims Proceed
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In Telemaque v. Marriott International, No. 14 CIV. 6336 (ER), 2016 WL 406384 (S.D.N.Y. Feb. 2, 2016), the court (among other things) dismissed plaintiff’s disability discrimination claims under the Americans with Disabilities Act because he failed to plausibly allege that he suffered a “disability” within the meaning of the statute. Plaintiff’s allegations, in sum: First,…

Read More Court Holds That Arthritis and High Blood Pressure Were Not “Disabilities” Under the ADA
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In Lago v. Wen Management Corp., 2016 WL 165834 (N.Y. Sup. Qns. Jan. 8, 2016), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s age discrimination, gender discrimination, and retaliation claims. The court held that plaintiff’s discrimination claims faltered at the first step of the analysis (i.e., he failed to demonstrate a prima…

Read More Replacement of Oldest Employee by Younger Employee Insufficient to Establish Age Discrimination
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In a recent decision in the case of Vale v. Great Neck Water Pollution Control District, 14-cv-4229 (E.D.N.Y. Jan. 8, 2016), a disability discrimination and retaliation case, the court denied the motion of a non-party – a person who had allegedly discriminated against other employees, but who never worked with or supervised plaintiff – to…

Read More Testimony of Non-Party Prior Employee (and Alleged Discrimination Victim) is Relevant in Disability Discrimination and Retaliation Case, Court Rules
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In Karam v. Cty. of Rensselaer, New York, 13-cv-1018, 2016 WL 51252 (N.D.N.Y. Jan. 4, 2016), the court (among other things) granted defendants’ motion dismissing plaintiff’s claim that he was subjected to a hostile work environment claim based on his Arab ancestry. It explained: [O]nly two statements concerning Plaintiff’s ancestry were made within the applicable statute…

Read More Court Dismisses Hostile Work Environment Claim Based on Arab Ancestry
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