In Matter of Mitchell (Nation Co. Ltd. Partners – Commissioner of Labor), 2016 NY Slip Op 08923 (App. Div. 3d Dept. Dec. 29, 2016), the court reversed a Board determination finding that Gregory A. Mitchell, a blogger for The Nation, was an “employee” and thus entitled to unemployment insurance benefits following the non-renewal of his contract in…

Read More Blogger Was Not An “Employee” of The Nation; Unemployment Benefits Denied
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In Horwitz v. Loop Capital Markets LLC (N.Y. Sup. Ct., N.Y. Cty., Index No. 650944/2016, Dec. 5, 2016), the court denied defendant’s CPLR 3211(a)(7) motion to dismiss and held that plaintiff sufficiently alleged a claim for discrimination based on a disability (here, a stutter) under the New York City Human Rights Law.[1]The court also ruled on…

Read More Disability Discrimination Claim, Based on Stutter, Survives Motion to Dismiss
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In employment discrimination cases, assuming a plaintiff sufficiently/plausibly alleges one or more claims in their complaint, the next procedural battleground is (usually) “summary judgment”. You can think of summary judgment as the last procedural hurdle – often after discovery is complete and all the facts are “in” – standing between a plaintiff and the holy grail…

Read More Surviving Summary Judgment: Sexual Harassment (Hostile Work Environment)
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In Guerra v. Murphy, No. 15-cv-1168, 2016 WL 7480405 (N.D.N.Y. Dec. 29, 2016), the court granted defendant’s motion to dismiss plaintiff’s disparate-treatment employment discrimination claim under Title VII of the Civil Rights Act of 1964, as he failed to plausibly allege the existence of an “adverse employment action.” The court also dismissed plaintiff’s hostile work…

Read More Absence of “Adverse Employment Action” Results in Dismissal of Title VII Disparate-Treatment Employment Discrimination Claims
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In Yang v. Navigators Group, Inc., No. 16-77-CV, 2016 WL 7436485 (2d Cir. Dec. 22, 2016) (Summary Order), the court vacated an award of summary judgment in favor of defendant Navigators Group, Inc. on plaintiff’s claim of retaliatory discharge for protected whistleblowing activity in violation of Section 806 of the Sarbanes-Oxley Act (“SOX”). The law: To…

Read More 2d Circuit Vacates Summary Judgment Dismissal of SOX Retaliatory Discharge Whistleblower Lawsuit
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