P Defeats SJ (Employment)

In a recent case, ANNA MARIE SCORSONELLI, Plaintiff, v. MADISON DENTISTRY, P.C., et al., Defendants., 2019 WL 6032787, at *1–2 (S.D.N.Y., 2019), the court, inter alia, held that plaintiff’s failure-to-accommodate-disability claim could continue. From the decision: A reasonable jury could likewise find that Defendants failed to accommodate Scorsonelli’s disability. Even if Scorsonelli’s daily requests for…

Read More Failure to Accommodate Disability, Retaliation Claims Survive Summary Judgment

In Bistreich v City of New York, No. 160194/2016, 2019 WL 4569921 (N.Y. Sup Ct, New York County Sep. 16, 2019), the court denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claim under the New York City Human Rights Law. Plaintiff – a former Legislative Director and Budget Director for the office of…

Read More Asperger’s-Afflicted Plaintiff Defeats Summary Judgment in Disability Discrimination Case

In Olivier v. County of Rockland et al, No. 15-CV-8337 (KMK), 2019 WL 2502349 (SDNY June 17, 2019), the court held that plaintiff presented sufficient evidence to overcome defendants’ motion for summary judgment. The court explained the legal standard applicable to the third (“pretext”) step of the three-step burden-shifting framework applicable to Title VII retaliation…

Read More Retaliation Claim Survives Summary Judgment; Court Cites (e.g.) Weaknesses and Inconsistencies in Defendants’ Proffered Non-Retaliatory Reasons

In Shojae v. Harlem Hosp. Ctr. et al., 18-392-cv (Summary Order), the court, inter alia, vacated the dismissal of plaintiff’s discrimination claims. From the Order: As to Shojae’s timely NYCHRL discrimination claims with respect to certain adverse actions, it appears that Shojae provided at least some admissible evidence that she was treated “less well” based…

Read More Gender/Race/National Origin Discrimination Claims Continue Against Harlem Hospital Center

In Moza v. NYC Health and Hospitals Corp., No. 17-1051-cv, 2019 WL 1594782 (2d Cir. April 15, 2019) (Summary Order), the Second Circuit vacated the lower court’s order granting summary judgment on plaintiff’s race/ethnicity/national origin discrimination claims. After the court summarized the 3-step McDonnell Douglas burden-shifting framework for analyzing discrimination claims (the so-called “pretext” approach),…

Read More Pretext Shown; Race Discrimination Case Resurrected From Summary Judgment

In Collymore v. City of New York et al, 18-2099 (2d Cir. April 11, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Plaintiff alleged, inter alia, that she was the victim of…

Read More Title VII Retaliation Claim Survives Dismissal; Adverse Action Affected Plaintiff’s Health

In Davis-Garett v. Urban Outfitters, Incorporated, 17-3371-cv, 2019 WL 1510428 (2d Cir. April 8, 2019), the U.S. Court of Appeals for the Second Circuit vacated a district court’s dismissal of plaintiff’s age discrimination, hostile work environment, and retaliation claims against Urban Outfitters under, e.g., the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§…

Read More 2d Circuit Vacates Dismissal of Age Discrimination, Including Hostile Work Environment, Claims Against Urban Outfitters/Anthropologie

From DeFreitas v. Bronx Lebanon Hosp. Ctr., 2019 NY Slip Op 00375 (App. Div. 1st Dept. Jan. 22, 2019): In opposition to defendant’s motion for summary judgment dismissing the complaint alleging age discrimination in employment, plaintiffs met their burden under the New York State Human Rights Law (Executive Law § 296[1][a]) of showing that a material issue…

Read More Age Discrimination Case Proceeds Against Bronx Lebanon Hospital

In Cook v. EmblemHealth Servs. Co., LLC, 2018 NY Slip Op 08433 (App. Div. 1st Dept. Dec. 11, 2018), the First Department unanimously affirmed the denial of defendants’ motion for summary judgment on plaintiff’s retaliation claim under the New York City Human Rights Law. From the decision: The temporal proximity between plaintiff’s complaints to his employer…

Read More Retaliation Claim Continues Against EmblemHealth; Summary Judgment Denial Affirmed