Employment Discrimination

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In Nixon v. TWC Administration LLC, 16-cv-6456, 2019 WL 1428348 (SDNY March 29, 2019), the court, inter alia, dismissed plaintiff’s age discrimination (wrongful termination) claim under the Age Discrimination in Employment Act of 1967 (ADEA). Plaintiff conceded that she violated several of defendant’s policies, but claimed that her termination based on such violations was a…

Read More Age Discrimination Claim Dismissed; “Dinosaur” and Other Comments Lacked Sufficient Nexus to Termination
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In Rea v. New York State Dept. of Transportation, 2019 WL 1409977 (N.D.N.Y. March 28, 2019), the court granted defendant’s motion to dismiss plaintiff’s Age Discrimination in Employment Act (ADEA). In sum, the court held that the DOT may not be sued in federal court, in light of the Eleventh Amendment: The DOT is an…

Read More Age Discrimination Claim (ADEA) Against NYS Dept. of Transportation Dismissed on Eleventh Amendment Grounds
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In Alexander Guerrero Toro v. Northstar Demolition & Remediation, 2019 WL 1396751 (W.D.N.Y. March 28, 2019), the court, inter alia, dismissed plaintiff’s claim of a disability-based hostile work environment claim. From the decision: Plaintiff testified that he was subject to workplace harassment because he was assigned to jobs he could not complete, his supervisors wanted…

Read More Asbestos Handler’s Disability-Based Hostile Work Environment Claim Dismissed
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In a recent decision, Lovell v. Consolidated Edison Company of New York, 2019 WL 1311128 (2d Cir. March 22, 2019) (Summary Order), the court held that the plaintiff lacked standing to pursue a federal claim of employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). The court provides a summary of the…

Read More 2d Circuit: Plaintiff Lacked Standing to Pursue USERRA Claim
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Last year, New York enacted several pieces of legislation that enhance protections for sexual harassment victims. One such provision, codified in CPLR 7515, prohibits (with certain exceptions) mandatory arbitration of sexual harassment claims. The law provides, in full: (a) Definitions. As used in this section: 1. The term “employer” shall have the same meaning as…

Read More New York Law Prohibiting Mandatory Arbitration in Sexual Harassment Cases
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A (relatively) recent (April 12, 2018) New York State law, Executive Law §  296-d, explicitly prohibits sexual harassment directed at non-employees. The law provides: It shall be an unlawful discriminatory practice for an employer to permit sexual harassment of non-employees in its workplace. An employer may be held liable to a non-employee who is a…

Read More New York Law Prohibiting Sexual Harassment Relating to Non-Employees
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In Appleton v City of New York, No. 157849/2017, 2019 WL 1206347, at *8 (N.Y. Sup Ct, New York County Mar. 14, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim for failure to state a claim. The court summarized the relevant law: With respect to plaintiff’s hostile work environment claims, “[i]n order…

Read More Hostile Work Environment Claim Dismissed; Belittling, Shouting, Demeaning etc. Conduct Amounted to “Minor Annoyances”
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In Constance Felice, appellant, v Metropolitan Diagnostic Imaging Group, LLC, et al., respondents, et al., defendant., No. 2016/10529 (Index No. 4471/11), 2019 WL 1272557 (N.Y.A.D. 2 Dept., Mar. 20, 2019) – an employment discrimination, sexual harassment, and retaliation case – the court precluded plaintiff from using at trial certain audio files that were the subject…

Read More Audio Files, Not Produced, Precluded in Sexual Harassment Case
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From Rapaport v Strategic Financial Solutions LLC, No. 152764/18, 2019 WL 1247132 (N.Y. Sup Ct, New York County Mar. 15, 2019): The motion as to Action 1 is denied. In that action, plaintiff claims that while she was pregnant, defendants unlawfully reclassified her from a full-time employee to a part-time consultant when they acquired her…

Read More Pregnancy Discrimination, Religious-Based Hostile Work Environment Claims Survive Dismissal
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In Woolcock v. Lukes-Roosevelt, No. 518301/2016, 2019 WL 1206356 (N.Y. Sup Ct, Kings County Mar. 11, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under the NYC Human Rights Law. From the decision: [D]efendant fails to set forth that a reasonable victim of discrimination…

Read More Hostile Work Environment Sexual Harassment Claim Against Mt. Sinai St. Luke’s-Roosevelt Survives Summary Judgment
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