In Vitti v. Macy’s Incorporated, 17‐3493‐cv, 2018 WL 6721091 (2d Cir. Dec. 21, 2018) (Summary Order), the 2nd Circuit affirmed the dismissal of plaintiff’s employment discrimination claims against Macy’s Inc. and Clinique. In this case, plaintiff – who worked in the Clinique department of Macy’s Herald Square store in New York City – asserts claims of wrongful…
Read More Discrimination Claims Against Macy’s, Clinique…In Chau v. Granger Management LLC et al, 357 F. Supp. 3d 276, 2019 WL 120766 (S.D.N.Y. Jan. 7, 2019), the court, inter alia, held that a non-NYC resident met the “geographic” requirement of the the NYC Human Rights Law (NYCHRL). The court explained the black-letter law: “In order for a nonresident to invoke the…
Read More Sexual Harassment Plaintiff Meets “Impact” Test of NYC Human Rights Law, Court HoldsIn Geffner v. Quanta Services, Inc., 2018 WL 6807388 (S.D.N.Y. 2018), the court, inter alia, found that plaintiff failed to state claim(s) of employment discrimination – based, e.g., on his religion – against his supervisor (Austin). The decision is instructive as to how and when individual liability for employment discrimination may be imposed under 42…
Read More Employment Discrimination Claims Not Stated Against Individual Supervisor, SDNY HoldsIn Kopchik v. Town of East Fishkill, New York, 2018 WL 6767369 (2d Cir. Dec. 26, 2018) (Summary Order), the court, inter alia, vacated summary judgment in defendant’s favor on plaintiff’s retaliation claim under the Age Discrimination in Employment Act (ADEA). In sum, plaintiff – the Supervisor of Buildings and Grounds of the Town of East…
Read More ADEA Retaliation Claim Survives DismissalIn Rivas v. New York State Lottery, 2018 WL 6656390 (2d Cir. Dec. 18, 2018) (Summary Order), the court (inter alia) affirmed the dismissal of plaintiff’s retaliation claim. What makes this case arguably somewhat unique is that the alleged retaliation occurred after plaintiff left defendant’s employment. From the Order: The District Court did not err in…
Read More Post-Termination Retaliation Claim Dismissal AffirmedIn Lonergan-Milligan v. New York State Office of Mental Health, 2018 WL 6605686 (W.D.N.Y. Dec. 17, 2018), the court dismissed plaintiff’s Title VII sexual harassment (hostile work environment) claim. The law: A prima facie case of a hostile work environment involves two showings: (1) that the complained-of conduct ‘was sufficiently severe or pervasive to alter…
Read More Hostile Work Environment Claim Dismissed; Conduct Was Neither “Severe” Nor “Pervasive”In Duarte v. St. Barnabas Hospital, 15-CV-6824, 2018 WL 4440501 (S.D.N.Y. Sept. 17, 2018) – a disability discrimination case – the court held, inter alia, that a jury award of $750,000 for punitive damages was too high, and that $125,000 was more appropriate. The court explained, inter alia, that “[u]nder the [New York City Human Rights…
Read More Court Explains Remittitur of $750,000 Punitive Damages Award in Disability Discrimination CaseIn Duarte v. St. Barnabas Hospital, 15-CV-6824, 2018 WL 4440501 (S.D.N.Y. Sept. 17, 2018) – a disability discrimination case – the court held, inter alia, that a jury award of $624,000 for compensatory/emotional distress damages was too high, and that $125,000 was more appropriate. To do this, the court employed the procedural mechanism of “remittitur.” After explaining…
Read More Court Explains Remittitur of $624,000 Emotional Distress Damages Award to $125,000 in Disability Discrimination CaseEmployment discrimination cases are often resolved by settlement – i.e., a negotiated agreement for the parties to discontinue a case on agreed-upon terms. A settlement can be reached either before or after the commencement of litigation. In many, if not most, cases, the agreement will be reduced to a writing and signed by the parties.…
Read More Settling an Employment Discrimination Case: The AgreementFederal, state, and local anti-discrimination laws prohibit discrimination based on, among other factors, “disability.” That term is, in turn, defined in the statutes themselves. For example, the Americans with Disabilities Act of 1990, 42 U.S.C.A. § 12101 et seq., defines a “disability” as: “(A) a physical or mental impairment that substantially limits one or more major…
Read More Is Obesity a “Disability” Under the Anti-Discrimination Laws?