March 2016

In Matter of Cruz v. Schriro, 2016 NY Slip Op 50363(U) (NY Sup Ct. NY Cty. March 24, 2016), the court held that the petitioner – a probationary NYC Dept. of Correction Correction Officer – sufficiently alleged that he suffered a “disability” under the NYC Human Rights Law and that the respondent failed to accommodate his disability.…

Read More Probationary Corrections Officer Sufficiently Alleges That Rikers Island-Related Hives and Allergic Reactions Constituted a “Disability” Under the NYC Human Rights Law
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In a lawsuit captioned Tomahawk v. 207-215 W 98th St. Condominium et al (NY Sup. Ct. NY Cty. 152509/2016, filed March 23, 2016), the plaintiff – a disabled Native American and Hispanic porter at a Manhattan building – alleges that he was subjected to discrimination based on his disability and Native American heritage. From the…

Read More Disparaging Remarks About Native Americans Alleged in Manhattan Employment Discrimination Lawsuit
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In Brown v. Queens Center for Progress, No. 16 CIV 1399, 2016 WL 1171593 (E.D.N.Y. Mar. 24, 2016), Eastern District Judge Brian Cogan dismissed the pro se plaintiff’s employment discrimination complaint for failure to state a claim. The court succinctly explains what the federal anti-discrimination laws cover (and, arguably more importantly, what they do not cover): Plaintiff…

Read More Court Explains That Federal Anti-Discrimination Law Does Not Entitle Workers to be Treated Fairly, Reasonably, or Wisely
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In Day v. City of New York, No. 15CV04399, 2016 WL 1171584 (S.D.N.Y. Mar. 22, 2016), the court adopted the Magistrate Judge’s Report & Recommendation as to plaintiff’s discrimination and retaliation claims under Title VII, the NYS Human Rights Law, and the NYC Human Rights Law. In brief, the plaintiff (a male grand jury stenographer…

Read More NYC Human Rights Law Discrimination Claim, Based on Alleged Different Treatment of Reciprocal Male/Female Employee Harassment Allegations, Continues
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In a consent decree filed on March 24, 2016, plaintiff U.S. Equal Employment Opportunity Commission and defendants (various Mavis Tire entities and Cole Muffler) resolved plaintiff’s claims of gender discrimination (failure to hire). In its 2012 federal court complaint, the EEOC asserted that Defendants … failed to hire … qualified female applicants while hiring less qualified men for…

Read More $2.1 Million Consent Decree in Gender Discrimination/Failure to Hire Case Against Mavis Tire et al
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A plaintiff asserting discrimination under Title VII of the Civil Rights Act of 1964 must establish, among other things, that they suffered an “adverse employment action.” That term, like many in the law, has a specialized meaning. In Boza-Meade v. Rochester Hous. Auth., No. 6:14-CV-6356 EAW, 2016 WL 1157643 (W.D.N.Y. Mar. 21, 2016), the court…

Read More Criticism of Work Etc. Was Not “Adverse Employment Action”; Race and National Origin Discrimination Case Dismissed
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In Cappelli v. Jack Resnick & Sons, Inc, No. 1:13-CV-3481-GHW, 2016 WL 958642 (S.D.N.Y. Mar. 8, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s employment discrimination and retaliation claims. Plaintiff, a male building superintendent, complained about the following conduct at work: I have been the victim of sexual harassment that has been performed…

Read More Merely Witnessing Sexual Conduct Held Insufficient to Establish a Sex-Based Hostile Work Environment Claim
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In a lawsuit recently filed in Manhattan federal court (Ravina v. Columbia University, 16-cv-02137), the plaintiff – an Assistant Professor of Finance at Columbia University – alleges (among other things) that after enduring quid pro quo sexual harassment by a tenured professor, “Columbia refused to stop his discriminatory behavior”, “allowed [plaintiff] to continue to be victimized…

Read More Professor Files Sexual Harassment and Retaliation Lawsuit Against Columbia University
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United States Supreme Court Justice Antonin Scalia died on February 13, 2016. Many disagreed with the outspoken justice’s politics; some were happy to see him go. Many compilations of his opinions/dissents (such as this one or this one) appear to highlight his conservative ideology. Unsurprisingly missing from many such compilations is his opinion in Oncale v. Sundowner…

Read More Justice Scalia: Civil Rights Champion?
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In Russo v. New York State Div. of Human Rights, No. 15-01243, 2016 WL 1066422 (N.Y. App. Div. 4th Dept. Mar. 18, 2016), the court affirmed the State Division of Human Rights’ dismissal of the petitioner’s employment discrimination and retaliation claims. The New York State Division of Human Rights is a statewide administrative agency that…

Read More Discrimination and Retaliation Claims Properly Dismissed by the New York State Division of Human Rights
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