Below is the age and disability discrimination complaint, captioned Staropoli v. St. Luke’s Cornwall Hospital and Debra Tompkins, 14 CV 3317, filed in the Southern District of New York on May 7, 2014. Plaintiff, who is 60 years old and suffers from Tourette Syndrome and Type II Diabetes, alleges, among other things, that “[b]y failing…
Read More Tourette Syndrome Discrimination LawsuitThe Eastern District of New York recently held, in Baron v. Advanced Asset and Property Management Solutions LLC, that plaintiff presented sufficient evidence to survive summary judgment on his disability discrimination claims under the Americans with Disabilities Act and the New York State Human Rights Law. Plaintiff, who worked for defendant as an Assistant Controller,…
Read More Disability Discrimination Claims Survive Summary JudgmentThe Second Department’s recent decision in Croci v. Town of Haverstraw et al. is instructive as to how to plead causes of action, under the New York State Human Rights Law, against co-workers engaging in allegedly discriminatory conduct. In this case plaintiff sued one of her co-employees and their employer, alleging “ that she was subjected…
Read More Co-Worker Harassment Suit Dismissed Due to Failure to Allege Aiding and Abetting Theory Against Individual DefendantToday is Veterans Day, an official holiday to honor American veterans of all wars. One day is hardly enough to honor and recognize the sacrifices (in many cases, the ultimate sacrifice) made by U.S. soldiers. While it is unfathomable that those who have faced the threat of imminent death on the battlefield may return home…
Read More Military Status Discrimination in EmploymentIn Lewis v Health and Hospitals Corp, 11-cv-0099, 2013 WL 2351798 (SDNY May 30, 2013), the court held that pursuing, and losing, discrimination claims at the state administrative level barred a subsequent federal action. There, plaintiff initially filed a verified complaint with the New York State Division of Human Rights (SDHR) charging defendants with disability discrimination…
Read More Election of Remedies Results in Dismissal of Federal ComplaintIn employment discrimination law, the phrase “hostile work environment” has a very specific meaning that does not encompass all circumstances that the word “hostile” might suggest. Courts repeatedly say, for example, that the employment laws do not provide a “general civility code” for the workplace. In addition, as set forth below, in order to be actionable, the…
Read More What is a “Hostile Work Environment”?In Mobley v. Madison Square Garden LP et al, 11-cv-8290 (SDNY March 15, 2013) (J. Batts), the Southern District of New York held that pro basketball player Cuttino Mobley plausibly stated disability discrimination claims under the New York State Human Rights Law and New York City Human Rights Law against various Madison Square Garden entities. …
Read More Cuttino Mobley’s Disability Discrimination Claims Survive