March 2017

In Bailey v. Reg’l Radio Grp. LLC, No. 15-cv-375, 2017 WL 1025948 (N.D.N.Y. Mar. 15, 2017), the court granted defendants’ motion for summary judgment as to plaintiff’s gender-based disparate treatment (including constructive discharge), gender-based hostile work environment, and retaliation claims. In this case, plaintiff generally alleges that Defendant Ashworth discriminated against and harassed her and…

Read More Court Dismisses Gender Discrimination/Constructive Discharge, Hostile Work Environment, Retaliation Claims Against Regional Radio Group LLC
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In Hababi v. Lutheran Med. Ctr., 2016 NY Slip Op 32554(U), 501765/15 (NY Sup. Ct. Kings Cty. Dec. 16, 2016), a Brooklyn state court judge denied defendants’ motion for summary judgment on plaintiff’s hostile work environment (but granted it with respect to, and hence dismissed, her discrimination and retaliation) claims. In sum, defendant terminated plaintiff – a…

Read More Muslim Woman Overcomes Summary Judgment on Religious and National Origin Based Hostile Work Environment, But Not Disparate Treatment and Retaliation, Claims
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Every legal case is different. This is because there essentially is an infinite permutation of facts and circumstances that may give rise to a legal claim. Changing even one (seemingly inconsequential) fact, and you might very well get a different result. That said, lawsuits all have the same basic structure. Here I’ll outline the basic…

Read More The Litigation Process
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In Scavetta v. Wechsler, 2017 NY Slip Op 01985 (App. Div. 1st Dept. March 16, 2017), the court applied the “vicious propensity” rule to affirm the summary judgment dismissal of a personal injury case arising from a dog escaping from an unsecured bike rack. At the same time, the court “acknowledge[d] plaintiffs’ persuasive argument that…

Read More Court (Reluctantly) Applies “Vicious Propensity” Rule to Dismiss Personal Injury Case Arising From Escaping Dog
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In Matter of Davis, No. 521825, 2017 NY Slip Op 01920, 2017 WL 1013161 (N.Y. App. Div. 3d Dept. Mar. 16, 2017), the court affirmed an Unemployment Insurance Appeal Board determination that the claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. The court summarized the facts/procedure…

Read More Unemployment Benefit Denial to Resigning Employee Affirmed, Notwithstanding Hostile Work Environment Allegation
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In Bailey v. N.Y. Law Sch., No. 16 CIV. 4283 (ER), 2017 WL 835190 (S.D.N.Y. Mar. 1, 2017) (J. Ramos), the court held that plaintiff (a law student) sufficiently alleged a retaliation claim (but not a “deliberate indifference” claim) under Title IX of the Educational Amendments Act of 1972. This case arose from an alleged…

Read More Title IX Retaliation Claim (But Not “Deliberate Inference” Claim) Continues Against New York Law School
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In Bright-Asante v. Saks & Co., Inc., No. 15 CIV. 5876 (ER), 2017 WL 977587 (S.D.N.Y. Mar. 9, 2017) – an employment discrimination case arising from the suspension of an African American sales associate upon suspicion of theft – the court held, inter alia, that: (1) plaintiff’s statutory discrimination claims were not subject to mandatory…

Read More Arbitration of Statutory Discrimination Claims Not Compelled; Constructive Discharge Claim Stated Against Saks; Retaliation and Race Discrimination Claims Dismissed
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In Kalafatoglu v. Beauty 35, Inc. (NY Sup. Ct. Qns. Cty. 711763/2015 Order dated Jan. 25, 2017), the court held that plaintiff stated claims for gender discrimination, national origin discrimination, intentional infliction of emotional distress, assault and battery, and false arrest. (It held, however, that plaintiff did not sufficiently allege retaliation.) The court summarized plaintiff’s…

Read More Arabic-Language Reprimand Among Allegations Stating Cause of Action for National Origin Discrimination; Other Claims (Including Gender Discrimination and Battery) Also Sufficiently Alleged
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Over the years, courts have developed a sophisticated burden-shifting analysis and framework for evaluating employment discrimination and retaliation claims under the various anti-discrimination statutes, such as Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. A recent decision explains why a jury should not be…

Read More 2d Circuit Highlights The Difference Between Roles of Judge and Jury in Employment Discrimination Case
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In Uwoghiren v. City of New York, 2017 NY Slip Op 01782 (App. Div. 1st Dept. March 9, 2017), the court affirmed the summary judgment dismissal of plaintiff’s claim that he suffered a discriminatory failure to promote due to his national origin. From the decision: Plaintiff established prima facie that he was passed over for promotion under…

Read More Court Affirms Dismissal of Nigerian Plaintiff’s Failure-to-Promote Discrimination Claim
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