August 2014

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In Moll v. Telesector Resources Group, the U.S. Court of Appeals for the Second Circuit (in a July 24, 2014 decision) vacated the district court’s dismissal of plaintiff’s sex-based hostile work environment claim. Plaintiff alleged, inter alia: [I]n 1998 and 1999, Daniel Irving, a Senior Systems Analyst, left Moll three inappropriate notes. And in 1999,…

Read More Non-Sexual Comments Can Still Give Rise to a Sex-Based Hostile Work Environment, Second Circuit Holds
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One way to prove discrimination is by introducing evidence of negative comments pertaining to the plaintiff’s protected class or about others in the plaintiff’s protected class. But what if some, or all, of the derogatory comments are not directly perceived by the harassment victim? That is one of the issues addressed by the Southern District…

Read More Secondhand “Incendiary” Comments Regarding Sexual Orientation Sufficient to State Hostile Work Environment Claim
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In Topchieva v. Lovett Co., LLC, the Appellate Division, First Department held: As clearly depicted on the surveillance video included in the record, plaintiff was injured when she slipped and fell immediately upon entering the lobby of defendants’ building. One of the lobby’s double glass doors was closed and locked, while the door through which plaintiff…

Read More Video of Mat Placement Results in Continuation of Lobby Slip/Fall Case
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In Lapaix v. City of New York (decided Aug. 12, 2014), the Southern District of New York held that plaintiff – a retired Marine Colonel – adequately pleaded various employment discrimination claims. Here’s plaintiff’s complaint. Initially the court held that plaintiff stated military status discrimination claims under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and the New…

Read More Retired Marine States Military Status, Race, and National Origin Discrimination Claims
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Here’s the recent Order dismissing the lawsuit filed by pro se plaintiff Anton Purisima seeking two undecillion dollars – that’s a 2 followed by 36 zeroes – arising (in part) from plaintiff being bitten by a rabid dog bite on a city bus and being overcharged by Au Bon Pain. Mr. Purisima sought relief under Title II of the Civil Rights Act…

Read More Court Dismisses Two Undecillion Dollar Public Accommodation Discrimination Lawsuit
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The sudden and tragic suicide of Robin Williams has reinvigorated a national discussion about depression and related conditions. What you may not know is that depression sufferers have legal protections in the workplace, specifically if they are treated unfairly because of their medical condition. Various laws – including the Americans with Disabilities Act of 1990…

Read More Depression as a “Disability” Under the Anti-Discrimination Laws
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My bodega, Village Farm & Grocery – where I’ve gotten my paper on my way to the subway for the past 10+ years – used to have a sweet, cow-colored cat named “Princess” who, in my experience, was nothing like the “opossum-like” monster described in Napolitano v. Alshaebi. Here are the facts of that case,…

Read More Bodega Cat-Attack Suit Dismissed
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Here is the complaint filed on August 8, 2014 against Urban Outfitters. Plaintiff alleges that she was subjected to sexual harassment by customers and store personnel, constructive discharge, and retaliation. (Update: In a June 9, 2015 decision, the court denied defendant’s motion to dismiss.) From her complaint: From the beginning of Plaintiff’s employment, Defendant [], despite being…

Read More Sexual Harassment Lawsuit Against Urban Outfitters
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In Amador v. City of New York, decided August 13, 2014, the Appellate Division, Second Department explained: A rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a…

Read More Rear-Ended Plaintiff Not Entitled to Summary Judgment in Car Accident Case
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In Semmler v. County of Monroe, decided August 6, 2014, the Western District of New York reiterated that not all complaints of perceived discrimination will constitute “protected activity” necessary to make out a claim of retaliation. Specifically: A plaintiff cannot establish a prima facie case of retaliation [under Title VII] unless she has engaged in protected activity.…

Read More Not Every Complaint of Discrimination is “Protected Activity” Sufficient to Give Rise to a Retaliation Claim
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