In Palmer v New York City Dept. of Health & Hygiene, 2016 NY Slip Op 30037(U) (Sup. Ct. N.Y. Cty. Jan. 5, 2016), the court granted defendant’s motion for summary judgment dismissing plaintiff’s complaint alleging disability discrimination. The law: A prima facie case of discrimination requires a showing by plaintiff that: [1] she is a…
Read More Absenteeism, Not Disability, Was Reason for Termination, Court HoldsIn a lawsuit filed in Manhattan federal court on January 19, 2016, Mikolaenko v. NYU School of Medicine et al (16-cv-00413), plaintiff – a doctor – asserts (among other things) that her supervisor threatened to give her poor reviews and terminate her unless she had sex with him, propositioned plaintiff for sex, and made inappropriate…
Read More Sexual Harassment Lawsuit Against NYU School of Medicine and OthersIn Dotel v. Walmart Stores, Inc., No. 15-76-CV, 2016 WL 158466, at *1 (2d Cir. Jan. 14, 2016) (Summary Order), the Second Circuit affirmed the district court’s dismissal of plaintiff’s complaint against Walmart Stores alleging sex discrimination, hostile work environment, retaliation and intentional infliction of emotional distress. As to her hostile work environment claim, the court…
Read More Second Circuit Invokes the “Equal Opportunity Jerk” Principle in Affirming Dismissal of Plaintiff’s Sex-Based Hostile Work Environment ClaimIn a lawsuit filed on January 11, 2016 in New York Supreme Court, Sclafani v. Marie (NY Sup. Ct., Index No. 150205/2016), plaintiff alleges that while she was employed as a dental hygienist by defendant dentist Glenn Marie, he sexually harassed her and subjected her to a hostile work environment (by, e.g., asking her to give…
Read More Lawsuit Alleges Sexual Harassment, Hostile Work Environment, and Retaliation Against Dentist Who Allegedly Wanted Plaintiff Hygienist to Give His Penis a “Cleaning”In Marcus v. Leviton Mfg. Co., No. 15CV656SJFGRB, 2016 WL 74415 (E.D.N.Y. Jan. 6, 2016), the Eastern District of New York dismissed plaintiff’s age discrimination case for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Although this plaintiff loses, Judge Feuerstein’s decision is instructive regarding what judges look for when evaluating…
Read More Pleading Lessons From a Dismissed Age Discrimination CaseIn Haight v. NYU Langone Med. Ctr., Inc., No. 13 CIV. 4993 (LGS), 2016 WL 29628 (S.D.N.Y. Jan. 4, 2016), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment (sexual harassment) and disability discrimination claims, but granted it with respect to her negligent supervision/retention claims. (2014…
Read More Pediatric Nurse’s Sexual Harassment and Disability Discrimination Claims Against NYU Langone Medical Center Survive Summary JudgmentIn Martinez v. Mount Sinai Hosp., No. 14 CIV. 2548 (PAC), 2015 WL 9450624 (S.D.N.Y. Dec. 22, 2015), the court dismissed plaintiff’s failure-to-accommodate-disability claims under the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). The law: To prevail on her NYCHRL and NYSHRL claims, Plaintiff bears the initial burden…
Read More Failure to Request Specific Accommodation Results in Dismissal of Disability Discrimination (Failure to Accommodate) ClaimsIn Alexander-Callender v. NBTY et al, No. 14-CV-2462 (JS)(AYS), 2015 WL 9581819 (E.D.N.Y. Dec. 30, 2015), the Eastern District of New York dismissed, as insufficiently pled, plaintiff’s sexual harassment (hostile work environment), race discrimination, and retaliation claims. In her complaint, plaintiff alleged that a co-worker, for example, stared at plaintiff in a “sexually inappropriate manner”…
Read More Sexual Harassment Hostile Work Environment Claim Insufficiently AllegedIn a lawsuit filed on December 30, 2015 in New York Supreme Court (Figueroa v. Ministry for Foreign Affairs of Sweden et al., Index # 163141/2015), plaintiff Carlos Figueroa, a chauffeur and office clerk employed by the Sweden’s New York Mission to the United Nations, asserts various claims, including for personal injuries (sustained while assembling…
Read More Personal Injury and Discrimination Lawsuit Against Sweden’s New York Mission to the United NationsIn Tate v. Levy Rest. Holdings, LLC, No. 14-CV-2056, 2015 WL 9076230 (E.D.N.Y. Dec. 16, 2015), the court stated and applied the standard for awarding attorney fees to a prevailing defendant in an employment discrimination case. You can read about the Eastern District’s dismissal of claims brought by the plaintiff – a gay male waiter who…
Read More Court Denies Attorney Fees to Prevailing Defendant in Sexual Orientation Discrimination Case