Here is the NY State court complaint, filed by plaintiff Ashley Chase, against her superintendent (Jose Cedillo) and others. She alleges, among other things, that Cedillo entered her apartment and sniffed her underwear, and that she discovered/caught Cedillo’s actions on video via a smartphone app. Here is the NY Post article about the case.
Read More Lawsuit Against Underwear-Sniffing SuperintendentComments demonstrating bias are frequently cited in employment discrimination and retaliation cases. A recent Second Circuit decision, In Kazolias v. IBEWLU 363, 806 F.3d 45 (2d Cir. 2015), holds that a comment can demonstrate evidence of retaliation existing prior to the statement. There, plaintiffs, three journeymen wiremen, asserted (among other claims) that they were subjected to age discrimination…
Read More Comments Can Evidence Pre-Existing Bias, Second Circuit HoldsEvery legal claim has a “statute of limitations” – that is, a deadline for filing a lawsuit in court. Failure to commence an action by the applicable statute of limitations can be fatal and result in the loss of important rights. In employment discrimination litigation, one key deadline when asserting claims under, for example, Title…
Read More Age Discrimination Claim Was Timely; “Three Day” Mailing Presumption RebuttedA First Department case, Cadet-Legros v. New York Univ. Hosp. Ctr., 2015 NY Slip Op 08984 (App. Div. 1st Dept. Dec. 8, 2015), held that defendants were entitled to summary judgment dismissing plaintiff’s race discrimination cause of action under the NYC Human Rights Law. This case offers guidance on how courts evaluate motions for summary judgment…
Read More Termination Reasons Were Not Pretextual; “Leopard Does Not Change its Spots” Was Not “Coded” Racial LanguageIn her New York State Supreme Court sexual harassment lawsuit, captioned Toktassynova v. Adam Victor et al (NY Sup. Ct. NY Cty. Index # 162327/2014) and filed March 12, 2015 (NYSCEF Doc. No. 22), plaintiff asserts various claims – including sexual harassment, hostile work environment, and retaliation – against defendant Adam H. Victor and various entities.…
Read More Court Strikes Extraneous Matter Regarding (e.g.) Prostitution From Answer to Sexual Harassment LawsuitIn Hernandez v. PFIP, LLC, No. 14 CIV. 4069 (LGS), 2015 WL 7758875 (S.D.N.Y. Dec. 1, 2015), the Southern District of New York denied defendants Planet Fitness’ motion for summary judgment on plaintiff’s retaliation claim under the NYC Human Rights Law. Here is Judge Schofield’s analysis of that claim: Plaintiff alleges two theories of retaliation.…
Read More Court Denies Summary Judgment to Defendant Employer and Holds That Rejecting Sexual Harasser’s Advances Can Support a Retaliation Claim Under the NYC Human Rights LawIn Lee v. Winthrop University Hosp., 2015 WL 7161955 (E.D.N.Y.,2015), the Eastern District of New York explained its decision to grant defendants’ motion for summary judgment and dismiss his employment discrimination complaint. As to his race discrimination claims: The Plaintiff attempts to create a genuine issue of material fact by asserting that the disciplinary warnings…
Read More Court Explains Reasons for Dismissing Race & National Origin Discrimination Claims Against HospitalA Manhattan federal jury recently awarded $2.2 million to male trucking company employee Raymond Rosas and rejected defendant’s counterclaim for conversion. In that lawsuit, captioned Rosas v. Balter Sales Co. Inc. et al. (SDNY 12-cv-6557), plaintiff – a Hispanic male – asserted claims of (e.g.) race discrimination, gender discrimination, hostile work environment, sexual harassment, and…
Read More $2.2 Million Verdict in Male Truck Driver’s Sexual & Race Harassment LawsuitIn Malanga v. NYU Langone Med. Ctr., No. 14CV9681, 2015 WL 7019819, (S.D.N.Y. Nov. 12, 2015), the Southern District of New York held that plaintiff sufficiently alleged her claims of retaliation under the False Claims Act and sexual orientation discrimination (hostile work environment) under the NYC Human Rights Law (NYCHRL). Here is her amended complaint. False…
Read More Plaintiff Sufficiently Alleges False Claims Act and Sexual Orientation Discrimination (Hostile Work Environment) Claims Against NYU Langone Medical CenterYou may have heard that Al Sharpton’s daughter Dominique has sued the City of New York for $5 million to recover for injuries allegedly sustained in a trip-and-fall accident. Here’s her April 29, 2015 lawsuit. An article in yesterday’s NY Post noted that Ms. Sharpton “was a no-show [on Dec. 2, 2015] for the first court…
Read More Dominique Sharpton’s “No Show” in Her $5M Personal Injury Case Against the City of New York