Employment Discrimination

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In Cooney v. City of New York Dept. of Sanitation, No. 650113/2013, 2020 WL 4391481 (N.Y. Sup Ct, New York County July 30, 2020), the court granted defendants’ motion for summary judgment dismissing plaintiff’s complaint asserting disability discrimination arising from the Department of Sanitation’s rejection of plaintiff as a candidate for employment. In this case,…

Read More Disability Discrimination Claim Against Dept. of Sanitation Dismissed; No “Reasonable Accommodation” For Skin Condition
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In Mancilla v. ABM Industries, Inc., 2020 WL 4432122(S.D.N.Y. July 29, 2020), a sexual harassment/assault case, the court granted defendants’ motion to compel arbitration. The facts of this case, as alleged, are horrific: Plaintiff reported to work on the night of September 17, 2018, and was informed that her ABM supervisor that night would be…

Read More Arbitration Compelled in Sexual Harassment/Assault Case Against ABM
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In Matter of Chaplin v .New York State Div. of Human Rights, 2020 NY Slip Op 04302 (App. Div. 2d Dept. July 29, 2020), the Appellate Division, Second Department confirmed the New York State Division of Human Rights’ award of $5,000 for compensatory damages for mental anguish, and no damages for, inter alia, lost income,…

Read More Court Denies Petition Seeking Review of $5k Award in Employment Discrimination/Retaliation Case
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In Reppert v. New York State Department of State, 19-cv-01518, 2020 WL 4346932 (N.D.N.Y. July 28, 2020), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Initially, the court explained the well-established law: Because discrimination claims implicate an employer’s usually unstated intent and state…

Read More Race Discrimination Complaint Dismissed; Allegations of “Racist Behavior” Held Insufficiently Specific
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In a recent decision, captioned Judd v. Weinstein, 2:18-cv-05724 (9th Cir. July 29, 2020), the U.S. Court of Appeals for the Ninth Circuit revived Ashely Judd’s sexual harassment lawsuit against Harvey Weinstein, overturning a district court’s dismissal of plaintiff’s claim under § 51.9 of the California Civil Code. From the Opinion: In sum, we conclude…

Read More Ninth Circuit Revives Ashley Judd’s Sexual Harassment Lawsuit Against Harvey Weinstein
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In Newton v. LVMH Moët Hennessy Louis Vuitton Inc., No. 154178/2019, 2020 WL 3961988, 2020 N.Y. Slip Op. 32290(U) (N.Y. Sup Ct, New York County July 10, 2020), a sexual harassment case, the court – citing CPLR 7515 – held that plaintiff was not bound by an arbitration agreement, and thus could proceed with her…

Read More Sexual Harassment Plaintiff May Proceed in Court; Arbitration Not Required
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In Santiago v. 1199 SEIU et al, 2020 WL 4350048 (E.D.N.Y. July 29, 2020), the court, inter alia, dismissed plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act (ADA). Plaintiff asserted – albeit, according to the court, non-specifically – that he was subjected to discrimination because of his alchoholism. From the decision: Although…

Read More Alcoholism-Related ADA Disability Discrimination Claim Dismissed
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In Kilcullen v. The New York and Presbyterian Hosp., No. 650470/2015, 2020 WL 4048130 (N.Y. Sup Ct, New York County July 15, 2020), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s claims of retaliatory discharge in violation of New York’s whistleblower laws (Labor Law 740, 741), as well as constructive discharge. In…

Read More Whistleblower Claims Dismissed; Employer’s Refusal to Accept Resignation Retraction Not an “Adverse Employment Action”
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In Allen v. City of New York et al, 18-cv-9663, 2020 WL 4287361 (SDNY July 27, 2020), the court, inter alia, dismissed plaintiff’s complaint alleging a hostile work environment claim under Title VII of the Civil Rights Act of 1964 Initially, the court dismissed plaintiff’s complaint, and provided plaintiff with an opportunity to amend her…

Read More Hostile Work Environment Claim Dismissed; Single Remark Insufficiently “Severe”
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In Sotolongo v. The New York State Department of Motor Vehicles et al, 19-CV-3282, 2020 WL 4261194 (E.D.N.Y. July 24, 2020) (J. Garaufis), the court, inter alia, granted defendants’ motion to dismiss plaintiff claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. In this case, as in many others, plaintiff’s…

Read More Title VII Retaliation Claim Against NYS DMV Dismissed; Eight-Month Gap Defeats Causation
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