June 2017

In Culleton v. Honeywell International, Inc., No. 15-cv-3739, 2017 WL 2817101 (E.D.N.Y. June 29, 2017), the court dismissed plaintiff’s gender and age-based employment discrimination claims. Plaintiff’s negative evaluations were not “adverse employment actions” actionable under the law: In the context of a discrimination claim, negative evaluations, criticism and unwanted scrutiny are not adverse employment actions…

Read More Court Dismisses Sex Discrimination, Age Discrimination, Retaliation, and Hostile Work Environment Claims Against Honeywell
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In Brunache v. MV Transp., Inc., 2017 NY Slip Op 05196 (App. Div. 2d Dept. June 28, 2017), the court held (inter alia) that plaintiff – a paratransit van driver who sued after not being reinstated following his dismissal following an investigation into a sexual harassment complaint against him by a passenger – did not state…

Read More Retaliation Claim Not Stated; “General Complaints” Were Not “Protected Activity” Under the NYS Human Rights Law
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In Allen v. City of N.Y., No. 16-560-CV, 2017 WL 2544520 (2d Cir. June 13, 2017) (Summary Order), the Second Circuit vacated in part the lower court’s order granting summary judgment to defendant. Here, plaintiff claims that he was not promoted because of his race and national origin and that he was retaliated against for complaining…

Read More City Employee Overcomes Summary Judgment on Race/National Origin Discrimination (Failure-to-Promote) Claim: Evidence Indicated That Plaintiff Was Qualified; Admission of Discrimination Was Not Hearsay
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In Mitzner v. royal Bank of Canada et al, 2017 WL 2152582 (N.Y.Sup.), 2017 N.Y. Slip Op. 31071(U) (Trial Order) (Sup. Ct. NY Cty. May 17, 2017) (J. Edwards), the court denied defendants’ motion for summary judgment on plaintiff’s claims of gender and pregnancy discrimination under the New York State and City Human Rights Laws. From…

Read More Gender/Pregnancy Discrimination Claims Against Royal Bank of Canada Survive Summary Judgment
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From Thygesen v. N. Bailey Volunteer Fire Co., No. 16-00775, 2017 WL 2491451, at *2 (N.Y. App. Div. June 9, 2017): [P]laintiff is not required to prove his claim to defeat summary judgment” (Ferrante, 90 N.Y.2d at 630). Rather, “[t]o defeat a properly supported motion for summary judgment in [a sexual orientation] discrimination case, plaintiff[ ]…

Read More Sexual Orientation Employment Discrimination Claim Survives Summary Judgment
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Today is the NYC Pride March, part of an annual celebration to commemorate the Stonewall Riots of 1969 – the event(s) that sparked the beginning of the modern Gay/LGBT Rights movement. Various laws protect employees against discrimination because of their sexual orientation. For example, the New York City Human Rights Law provides, in relevant part:…

Read More NYC Pride March 2017
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In Moraetis v. Evans, 2017 NY Slip Op 03451 (App. Div. 1st Dept. May 2, 2017), the court discussed the application of the “single employer” doctrine to plaintiff’s discrimination claims under the New York State and City Human Rights Laws, and the use of independent contractors to meet the four-person threshold under the City Law. From the…

Read More “Single Employer” Doctrine Held Inapplicable in Gender Discrimination Case
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In Cromwell-Gibbs v. Staybridge Suite Times Square, No. 16 CIV. 5169 (KPF), 2017 WL 2684063 (S.D.N.Y. June 20, 2017), the court dismissed plaintiff’s Title VII race-based hostile work environment claim. The facts, in sum: Plaintiff Merrill Cromwell-Gibbs, an African-American woman, is the former Director of Housekeeping at Defendant Staybridge Suites Times Square [] In 2015,…

Read More N-Word Email Insufficient to Create a Hostile Work Environment, Court Holds
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In Ananiadis v. Mediterranean Gyros Prods., Inc., 2017 NY Slip Op 05058 (N.Y. App. Div. 2d Dept. June 21, 2017), the court held that the lower court erred by dismissing plaintiffs’ aiding-and-abetting sexual harassment, and retaliation, claims under the New York State and City Human Rights Laws. The court summarized the plaintiffs’ allegations: The plaintiffs…

Read More NY Appellate Court Reinstates Sexual Harassment Claims; Explains Imposition of Individual Liability Under the State and City Human Rights Laws
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In Rubin v. Napoli Bern Ripka Shkolnik, LLP, 2017 NY Slip Op 05054 (App. Div. 1st Dept. June 20, 2017) – a gender discrimination lawsuit – the court unanimously affirmed the denial of defendant’s motion to amend his answer to assert counterclaims for defamation and defamation per se. From the decision: [D]efendant fails to state with particularity…

Read More Defamation Counterclaims Insufficiently Alleged in Gender Discrimination Suit Against Napoli Bern Firm
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