January 2018

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In Chandler v. Houghton Mifflin Harcourt Publishing Co. et al, 2018 WL 357294 (N.D.N.Y. Jan. 10, 2018), the court dismissed plaintiff’s claims of, inter alia, sexual harassment. In an attempt to evade dismissal, plaintiff argued that the terms of the Separation Agreement and Release she executed “have been invalidated due to the actions of Defendant”…

Read More Sexual Harassment Claims Dismissed in Light of Settlement Agreement and General Release; Defendant’s Actions Did Not Violate “One Sided” Confidentiality and Non-Disparagement Provisions
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In Hernandez v. Encuentro Restaurant, 2018 WL 343905 (N.Y.Sup. Ct. Index 153385/2017, Jan. 9, 2018) – a sexual harassment, hostile work environment, and employment discrimination case – the court denied defendants’ motion to dismiss on the grounds of failure to state a claim, “forum non conveniens”, and improper venue. Failure to State a Claim Initially,…

Read More Sexual Harassment Case Survives Dismissal on Venue, Forum Non Conveniens Grounds
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In Singa v. Corizon Health, Inc., 2018 WL 324884 (E.D.N.Y. Jan. 8, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment and discrimination (based on national origin) and retaliation claims under Title VII of the Civil Rights Law of 1964 and the New York State Human Rights Law. Among other claims, plaintiff asserted, inter…

Read More Hostile Work Environment Claims Dismissed; Rudeness Insufficient
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In Jarrett v. Manhattan and Bronx Surface Transportation Operating Authority, 2017 N.Y. Slip Op. 32701(U), 2017 WL 6610409 (N.Y. Sup. Ct. N.Y. Cty., 150116/2017 Dec. 18, 2017) (J. Sokoloff), the court explained and applied the “continuing violation doctrine” in the context of plaintiff’s employment discrimination claims under the New York State and City Human Rights…

Read More Court Finds “Continuing Violation Doctrine” Inapplicable to Complaint’s NYS and NYC Human Rights Law Claims
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In Hunt v. Con Edison Co. N.Y.C., 16-CV-0677, 2017 WL 6759409 (E.D.N.Y., 2017), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s failure-to-promote race discrimination claim under Title VII of the Civil Rights Act of 1964.[1]The court also, inter alia, dismissed plaintiff’s retaliation claims. The court summarized the basic legal framework: To establish a…

Read More Failure-to-Promote Race Discrimination Claim Survives Dismissal
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In Basso v. EarthLink, Inc., 2018 NY Slip Op 00030 (App. Div. 1st Dept. Jan. 2, 2018), the court affirmed summary judgment in defendants’ favor on plaintiff’s claims of gender and age discrimination under the New York State and City Human Rights Laws. From the decision: Plaintiff carried her “de minimis burden” of showing a prima…

Read More Age/Gender Discrimination Claims Properly Dismissed; Pretext Not Shown
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In Murray v. Cerebral Palsy Associations of New York et al, 16-cv-662, 2018 WL 264112 (S.D.N.Y. Jan. 2, 2018), the court, inter alia, dismissed plaintiff’s claim that he was discriminated against based on his post-traumatic stress disorder (PTSD), in violation of the Americans with Disabilities Act (ADA).[1]The court also dismissed plaintiff’s hostile work environment and…

Read More PTSD-Disability Discrimination Claim Dismissed, Absent Evidence That Decisionmakers Knew of Plaintiff’s Condition
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Buried within the Tax Cuts and Jobs Act (signed into law on Dec. 22, 2017) is a provision, at Sec. 13307, titled “Denial of Deduction for Settlements Subject to Nondisclosure Agreements Paid in Connection With Sexual Harassment or Sexual Abuse”. This section amends Internal Revenue Code (26 U.S.C.) 162 by adding a new section, section 162(q),…

Read More Sexual Harassment Settlements Affected By New Tax Law
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In Ortegas v. G4S Secure Solutions (USA) Inc., 2017 NY Slip Op 09262 (App. Div. 1st Dept. Dec. 28, 2017), the court affirmed the dismissal, under CPLR 3211(a)(1), of plaintiff’s discrimination claims as time-barred. The court explained: Plaintiff’s employment application “utterly refutes” her discrimination claims and conclusively establishes defendants’ defense as a matter of law……

Read More Employment Discrimination Claim Time-Barred; Employment Application Limited Statute of Limitations to Six Months
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