On Friday, January 25, 2019, New York modified its law to add gender identity and gender expression to the existing law banning discrimination based on gender, age, religion, race or sexual orientation. Governor Andrew Cuomo signed the measure into law in Manhattan at the Lesbian, Gay, Bisexual & Transgender Center.
Read More New York Law Extended to Ban Transgender DiscriminationFrom Schneider v. Wal-Mart Stores, Inc. 2019 WL 294309 (S.D.N.Y. Jan. 23, 2019): [T]he Court will examine whether Defendants’ stated reason for Plaintiff’s termination, his accumulation of four written coachings in a twelve-month period, is mere pretext for discrimination. Pretext may be demonstrated by additional evidence that the employer’s proffered reason is not credible or…
Read More Written “Coachings” Were Not Pretext For Discrimination; Disability Discrimination Claim Dismissed on Summary JudgmentIn Morrison v. United Parcel Service, Inc., 17-CV-2885, 2019 WL 109401 (S.D.N.Y. Jan. 4, 2019), the court, inter alia, granted defendant UPS’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. From Judge Pauley’s opinion: Even drawing all inferences in Morrison’s favor, he does not establish a pattern of behavior meeting § 1981…
Read More Race-Based Hostile Work Environment Claim Dismissed Against UPSIn 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 Benson v. Family Dollar Operations, Inc., 2018 WL 5919905 (2d Cir. Nov. 13, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal by summary judgment of plaintiff’s age discrimination claim. This case is one example of how courts evaluate statistics as proffered evidence of in an employment discrimination case. The court summarized the well-established…
Read More Statistics Insufficient to Show Age Discrimination, Court FindsIn Ferraro v. New York City Department of Education, 2018 WL 5881663 (2d Cir. Nov. 9, 2018) (Summary Order), the court affirmed the district court’s dismissal of plaintiff’s claims of disability discrimination, retaliation, and hostile work environment pursuant to the Americans with Disabilities Act of 1990, New York State Human Rights Law, and the New York City…
Read More Employment Discrimination Claims Collaterally Estopped by Findings at 3020-a Hearing, Court HoldsIn Vitti v Macy’s Inc., No. 152875/2018, 2018 WL 5787308, 2018 N.Y. Slip Op. 32809(U) (Sup Ct, New York County Nov. 05, 2018), the court granted defendant’s motion to dismiss plaintiff’s claims for disability discrimination and retaliation under the New York State and City Human Rights Laws. This case was not decided based on the merits,…
Read More Disability Discrimination & Retaliation Claims Dismissed on “Procedural” GroundsIn Downey v. Adloox, Inc., 16-CV-1689, 2018 WL 5266875 (S.D.N.Y. Oct. 23, 2018), the court granted defendant’s motion for summary judgment on plaintiff’s federal and state age discrimination claims. Among the evidence proffered by the plaintiff to demonstrate that he was a victim of age discrimination were comments referring to him as “old timer.” However,…
Read More Age Discrimination Case Dismissed, Despite “Old Timer” CommentsIn Lues v. City of New York, 2018 NY Slip Op 32546(U), Index No. 161923/2013 (NY Sup. Ct. NY Cty. Oct. 5, 2018), the court held that plaintiff’s retaliation, but not gender and nationality-based discrimination, claims survived summary judgment. With respect to her discrimination claims, the court noted, inter alia, the absence of “evidence demonstrating that…
Read More Retaliation Claim Continues Against City of New York; Court Cites Changed Demeanor After Learning of LawsuitIn Wolf v. Imus, 2018 NY Slip Op 51361(U) (N.Y. Sup. Ct. Sept. 27, 2018) (J. d’Auguste), the court, inter alia, dismissed plaintiff’s (an 80 year-old Florida resident) age discrimination claims against radio personality Don Imus et al. This was based on both geography and the merits. Here is an excerpt from the decision: Due to…
Read More Florida Resident’s Discrimination Claims Against Imus Dismissed