November 2015

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In Sands v. New Paltz Central School District, a race discrimination case, the Second Circuit vacated the district court’s order granting defendants’ motion for summary judgment. Citing the Supreme Court’s decision in Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000), the court explained: [A] plaintiff’s prima facie case … when combined with sufficient evidence…

Read More Second Circuit Revives Race Discrimination Case, Citing SCOTUS “Reeves” Decision
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Unfortunately for New York workers, New York has a notoriously weak workplace “whistleblower law”. Its general whistleblower statute, NY Labor Law § 740, provides (in pertinent part): An employer shall not take any retaliatory personnel action against an employee because such employee does any of the following: (a) discloses, or threatens to disclose to a…

Read More Whistleblower Claim Dismissed; Supervisor Assault Was Not a Qualifying Legal Violation
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In Davis v. New York City Dep’t of Educ., 804 F.3d 231 (2d Cir. 2015), the Second Circuit squarely rejected the argument that “the denial or reduction of a discretionary bonus is categorically insufficient to constitute an adverse employment action.” In this case, plaintiff (a substitute teacher) took a four-month leave of absence from work…

Read More Denial of “Discretionary” Bonus Can Still Be An “Adverse Employment Action”
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In Bacchus v. New York City Dep’t of Educ., No. 12 CV 1663 PKC, 2015 WL 5774550 (E.D.N.Y. Sept. 30, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s (a black woman of Guyanese national origin) claims of employment discrimination and hostile work environment. This case provides a helpful analysis of whether alleged…

Read More Race, National Origin Discrimination Claims Survive Summary Judgment; Alleged Discriminatory Comments Were Not “Stray Remarks”
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The Northern District of New York’s recent decision of Saile v. New York Dep’t of Motor Vehicles, No. 5:13-CV-1394 ATB, 2015 WL 6962688 (N.D.N.Y. Nov. 9, 2015) reminds us that a plaintiff alleging a sex-based hostile work environment must do more than merely allege that they were made “uncomfortable” by sexual comments – here, alleged…

Read More Alleged Lewd Comments About DMV Customers, Bowling Buttocks Text, Etc. Insufficient to Establish Hostile Work Environment
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In Fauntleroy v. EMM Group Holdings LLC, the First Department held that plaintiff presented enough evidence to overcome summary judgment on his claims for personal injuries arising from a fight with a security guard hired by one of the defendants. The appellate court unanimously reversed the lower court’s order granting summary judgment to defendants, explaining: Defendants’…

Read More Lawsuit Brought By Plaintiff Punched in Face by Nightclub Security Guard Continues
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The Second Circuit’s decision in Shamir v. City of New York, No. 14-3606, 2015 WL 6214708 (2d Cir. Oct. 22, 2015) (Newman, Walker, Jacobs) is instructive on pleading police misconduct cases – namely, claims for excessive force. This case arises from plaintiff’s arrest after putting a sleeping bag on the ground while attending an Occupy Wall Street…

Read More Excessive Force/Tight Handcuffing Claim Sufficiently Alleged
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In Graham v. City of New York, No. 08-CV-3518 MKB, 2015 WL 5258741 (E.D.N.Y. Sept. 10, 2015), the court upheld a jury verdict that NYPD officers falsely arrested the plaintiff for “obstructing governmental administration” in violation of NY Penal Law § 195.05. Here is plaintiff’s complaint. This case arose from a factual scenario that could…

Read More Court Explains Reasons for Upholding $150,000 False Arrest Jury Verdict
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