In Ajoku v. New York State Office of Temporary and Disability Assistance, et al., No. 14321, 159104/18, 2020-02370, 2021 N.Y. Slip Op. 05394, 2021 WL 4597024 (N.Y.A.D. 1 Dept., Oct. 07, 2021), the court, inter alia, held that plaintiff sufficiently alleged national origin discrimination under the New York State Human Rights Law, and therefore reinstated…
Read More National Origin Discrimination Claim ReinstatedIn Matter of Tenenbein v. New York City Dept. of Educ., 2019 NY Slip Op 08940 (App. Div. 1st Dept. Dec. 12, 2019), the court affirmed the dismissal of claims asserted by the plaintiff – a probationary employee – under the New York Civil Service Law (§ 75-b), and the New York City Human Rights…
Read More Probationary Teacher’s Termination Upheld; Alleged Learning Disability Did Not Form Basis For Discrimination ClaimIn Castro v. City of New York, No. 1036, 2016 WL 3919217(N.Y. App. Div. 1st Dept. July 21, 2016), the court held that a plaintiff asserting a claim under Civil Service Law § 75-b – the public-sector-employee whistleblower statute – is not required to file a notice of claim. That statute, as summarized by the court,…
Read More 1st Dept. Holds That Notice of Claim Requirement Does Not Apply to Civil-Service Whistleblower Retaliation ClaimsIt has been reported that Queens physical education teacher Peter Maliarakis has settled his “whistleblowing” retaliation lawsuit against the New York City Department of Education, Principal Namita Dwarka, and others. He alleges in his 2014 lawsuit (here and below), among other things, that the school administration retaliated against him after he told an Office of Special Investigation (OSI)…
Read More Grade-Changing Whistleblower Lawsuit SettledIn Catapano-Fox v. City of New York, No. 14 CIV. 8036 KPF, 2015 WL 3630725 (S.D.N.Y. June 11, 2015), the Southern District of New York denied defendants’ motion to dismiss plaintiff’s claim that she was fired in retaliation for complaining about sexual harassment. This decision provides a good overview of the legal principles governing the proper…
Read More Retaliation Claim, Based on Termination in Response to Sexual Harassment Complaints, May Proceed