April 2018

A federal (EDNY / Brooklyn) jury recently awarded several employees a collective $5.1 million in damages against a health insurance company that, the plaintiffs claimed, forced them to follow the practices of an obscure religion called “Onionhead.” (I wrote about the lawsuit’s filing here.) The verdict sheet (below) reflects, inter alia, that the jury awarded…

Read More EDNY Jury Awards $5.1M in “Onionhead” Religious Discrimination Case [EEOC v. United Health Programs of America]
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In A.B. v. Hofstra University, 17-cv-5562, 2018 WL 1935986 (E.D.N.Y., April 24, 2018), an employment discrimination/sexual harassment case, the court considered, and rejected, plaintiff’s request to proceed pseudonymously. The court provides us with an overview of the governing legal standard: Fed. R. Civ. P. 10(a) provides that the “title of [a] complaint must name all…

Read More Employment Discrimination Plaintiff May Not Proceed Pseudonymously, Court Holds [A.B. v. Hofstra University]
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In HUA LIN, Plaintiff-Appellant, v. NEW YORK STATE DEPARTMENT OF LABOR, Defendant-Appellee., 2018 WL 1940394, at *2 (C.A.2 (N.Y.), 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s Title VII retaliation claim. In resisting dismissal, plaintiff argued, inter alia, that the employer’s explanation for its failure to hire her shifted, justifying a finding of “but…

Read More Retaliation Claim Properly Dismissed, Despite Alleged Inconsistent Explanation [Lin v. NYS Dept. of Labor]
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In Valentine v. Brain & Spine Surgeons of New York, P.C., 17-cv-2275, 2018 WL 1871175 (S.D.N.Y. April 16, 2018), the court denied in part defendants’ motion to dismiss plaintiff’s failure-to-accommodate claim under the Americans with Disabilities Act (ADA). Plaintiff alleged, in sum, that defendant violated the ADA by firing her several days after she returned…

Read More Failure to Accommodate Disability Claim Survives Dismissal [Valentine v. Brain & Spine Surgeons of New York, P.C.]
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In Hughes v. Twenty–First Century Fox, Inc., 17-cv-7093, 2018 WL 1936096 (S.D.N.Y. April 24, 2018),  a sexual harassment case, the court quashed defendants’ non-party subpoenas. From the decision: This Court need not consider Defendants’ argument that the subpoenaed information will assist them in formulating the defense of absolute truth with respect to Hughes’ defamation claims because…

Read More Court Quashes Non-Party Subpoenas in Sexual Harassment Case [Hughes v. Twenty-First Century Fox]
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In Ko v. JP Morgan Chase Bank, N.A., 17-2743, 2018 WL 1830460 (2d Cir. April 17, 2018) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 as untimely.…

Read More Employment Discrimination Complaint Properly Dismissed as Time-Barred; July 4th Holiday Did Not Warrant Equitable Tolling [Ko v. JP Morgan Chase]
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In Jones v. The City of New York, 150316/12, 2018 WL 1256993 (N.Y.Sup.), 2018 N.Y. Slip Op. 30398(U), the court granted defendant’s motion for summary judgment as to plaintiff’s claim for sexual harassment under the New York State Human Rights Law. It reached the opposite conclusion, however, with respect to plaintiff’s claim under the New…

Read More City Law Sexual Harassment Claim Survives Dismissal [Jones v. City of NY]
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In Rizo v. Yovino, No. 16-15372 (9th Cir. Apr. 9, 2018) (en banc), an en banc (i.e., full) panel of the U.S. Court of Appeals for the Ninth Circuit held that prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees under the “catchall” exception of the…

Read More Ninth Circuit Holds that Salary History May Not Justify Gender Pay Differential Under the Equal Pay Act [Rizo v. Yovino]
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Much has been written about an unfortunate incident in which two black men – Rashon Nelson and Donte Robinson – were arrested while waiting for their friend/colleague in a Philadelphia Starbucks on April 12, 2018. For a recap, this article summarizes what happened and relatively recent developments, including Messrs. Nelson’s and Robinson’s retention of counsel.[1]If you…

Read More On Starbucks, “Sitting While Black,” and Public Accommodation Discrimination
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