January 2017

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In Bailey v. The Brooklyn Hospital Center (NY Sup  Ct. NY Cty. Index No. 160752/2013 (Jan. 5, 2017), the court dismissed plaintiff’s sexual harassment claim under the New York City Human Rights Law on the ground that Brooklyn Hospital Center was not vicariously liable for the actions of the alleged harasser. Vicarious liability under the…

Read More Brooklyn Hospital Center Not Vicariously Liable for Sexual Harassment, Court Holds
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In Crean v. 125 West 76th St. Realty Corp., 15-cv-3814, 2017 WL 217948 (S.D.N.Y. Jan. 17, 2017), the court dismissed the employment discrimination claims of plaintiffs (a Manhattan co-op superintendent and his wife). Initially, the court dismissed the wife’s claim because there was no employer-employee relationship between her and the defendants. The law: It goes almost…

Read More Lack of Employer-Employee Relationship and Insufficient Number of Employees Lead Court to Dismiss Employment Discrimination Claims Against Manhattan Co-Op
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In Andaya v. Atlas Air, Inc., 2017 NY Slip Op 00141 (App. Div. 2d Dept. Jan. 11, 2017), the Appellate Division, Second Department affirmed the lower court’s order[1]Andaya v. Atlas Air, Inc., NY Sup. Ct., Westchester Cty., Index No. 58877/2012, Sept. 25, 2014 granting defendant summary judgment on plaintiff’s claims of sexual orientation discrimination and retaliation…

Read More 2d Dept. Affirms Dismissal of Sexual Orientation Discrimination and Retaliation Claims
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In Zhao-Royo v. New York State Educ. Dept., 14-CV-0935, 2017 WL 149981 (N.D.N.Y. Jan. 13, 2017), the court granted defendant’s motion for summary judgment as to plaintiff’s employment discrimination claims. As to her disparate treatment claim, it concluded that plaintiff “failed to identify circumstances justifying an inference that [alleged] incidents were actually related to Plaintiff’s…

Read More Court Dismisses Disparate Treatment Employment Discrimination Claim; Finds Comparator Evidence Insufficient and No Connection Between Brusque/Rude/Unfriendly Conduct and Protected Status
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In Wiesen v. Guaranteed Home Mortgage, Inc., No. 14-CV-6649, 2017 WL 131741 (W.D.N.Y. Jan. 13, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s sexual harassment claims under Title VII. Plaintiff asserted that her alleged harasser (Schwaber) was in a supervisory position with respect to her as branch manager; defendant countered that Schwaber…

Read More Sexual Harassment Hostile Work Environment Claims Survive Summary Judgment in Light of Fact Issue as to Whether Alleged Harasser Was Plaintiff’s “Supervisor” or “Co-Worker”
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Today is Martin Luther King Jr. Day, a federal holiday that marks the birthday of the civil rights leader, who was assassinated on April 4, 1968. Dr. King was present when President Johnson signed into law the Civil Rights Act of 1964, a federal law that prohibits discrimination in (e.g.) employment (Title VII) and public…

Read More Celebrating Martin Luther King Jr.
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Title VII of the Civil Rights Act of 1964 makes it an unlawful discriminatory practice for an employer to discriminate against an employee because of (among other protected characteristics) “sex.” The term “sexual harassment” typically conjures up images of a male boss acting inappropriately towards a female subordinate. This is one, but not the only,…

Read More Same-Sex Sexual Harassment
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In Balgley v. N.Y. City Health & Hosps. Corp., No. 14-CV-9041 (KBF), 2017 WL 95114 (S.D.N.Y. Jan. 10, 2017), Southern District Judge Katherine Forrest dismissed plaintiff’s retaliation claim under the Americans with Disabilities Act (ADA) and his disability discrimination claim under the New York City Human Rights Law (NYCHRL). In sum, plaintiff alleges that defendant unlawfully…

Read More Court Dismisses Disability Discrimination and Retaliation Claims
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In Ledesma v. AMA Grocery, Corp., 42 N.Y.S.3d 157, 158 (N.Y. App. Div. 1st Dept. Dec. 6, 2016), a personal injury trip-and-fall case, the court affirmed the denial of summary judgment to the landlord/defendant. In this case, plaintiff alleged that they sustained injuries when they fell on a raised metal strip at the edge of…

Read More Landlord Not Entitled to Summary Judgment in Trip-and-Fall Case
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In Croci v. Town of Haverstraw, No. 2015-01366, 2017 WL 99235 (N.Y. App. Div. 2d Dept. Jan. 11, 2017), a New York appellate court upheld the dismissal of plaintiff’s sexual harassment case. This decision is instructive on when an employer will be vicariously liable for sexual harassment under the New York State Human Rights Law. Here…

Read More Town Not Vicariously Liable for Co-Worker’s Alleged Sexual Harassment; Summary Judgment Affirmed
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