In Philip v. Gtech Corp., No. 14 CIV. 9261 (PAE), 2016 WL 3959729 (S.D.N.Y. July 20, 2016), the court held that there were “triable issues of fact which, if resolved in Philip’s favor, would enable a reasonable jury to find that race was more likely than not a motivating factor in his termination.” For example, the…
Read More Race Discrimination Claims Survive Summary JudgmentIn Gorman v. Covidien, LLC, No. 13 CIV. 6486 (KPF), 2015 WL 7308659 (S.D.N.Y. Nov. 19, 2015), the court dismissed most of plaintiff’s employment discrimination claims, but permitted his disability discrimination claim under the NYC Human Rights Law to continue. This case, like all employment cases, arises from a complex tapestry of facts that, for…
Read More “Soldiers are Babies” Comment Supports PTSD Disability Discrimination Claim Under the NYC Human Rights LawIn Lehman v. Bergmann Associates (decided March 31, 2014), the Western District of New York held that plaintiff adequately pleaded some, but not other, employment discrimination claims. The case provides a good review of federal pleading standards for various employment-related claims. Plaintiff alleged that she was the first woman to hold a senior management position at…
Read More Court Provides Guidance on Pleading Employment Discrimination Claims