May 2018

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In a pro-employer, 5-4 decision issued today – Epic Systems Corp. v. Lewis, No. 16-285, 2018 WL 2292444 (U.S. 2018) – the U.S. Supreme Court held that mandatory arbitration agreements are enforceable under the Federal Arbitration Act, and that doing so does not violate the National Labor Relations Act (NLRA). From the Opinion (per Justice…

Read More SCOTUS Upholds Arbitration Agreements
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In ANNA WURTZBURGER, Plaintiff, v. EVERETT KORET, JERRY FLORY, JAMY FLORY, and FLORY CORP., Defendants., 16-cv-7897, 2018 WL 2209507, at *4 (S.D.N.Y. May 14, 2018), the court dismissed plaintiff’s failure-to-hire age discrimination claim under the Age Discrimination in Employment Act (ADEA). This case illustrates the importance of complying with that statute’s “administrative exhaustion” requirement. The law:…

Read More ADEA Claim Dismissed Due to Lack of Administrative Exhaustion
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In Persaud v. Walgreens Co., 2018 NY Slip Op 03555, 2018 WL 2224185 (N.Y.A.D. 2 Dept. May 16, 2018), the court summarized the legal standard applicable to claims under the NYC Human Rights Law: The NYCHRL prohibits discrimination in employment based upon, inter alia, race and national origin (see Administrative Code of City of N.Y.…

Read More Dismissal of NYCHRL Race, National Origin Discrimination Claims Affirmed
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In Cerio v. Carrington, 2018 NY Slip Op 03597 (App. Div. 1st Dept. May 17, 2018), a car accident case, the court unanimously affirmed the lower court’s grant of summary judgment to defendant City of New York. From the decision: Plaintiff was injured when defendant Carrington, an intoxicated driver, attempted to make an illegal u-turn and collided…

Read More Car Accident Case Dismissed Against City; No Prior Illegal U-Turns
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In Rasko v. N.Y.C. Admin. for Children’s Servs., 17-967 (2d Cir. May 17, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. The court explained the legal requirements for such a claim: To establish a hostile work environment claim, a plaintiff must show, inter alia, that the workplace was…

Read More 2d Circuit: Hostile Work Environment Properly Dismissed; Rudeness, Noise, Throwing Papers Held Insufficient
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In Li v. Cushman & Wakefield, Inc., 2018 WL 2197603 (N.Y. Sup. Ct. N.Y. Cty. Index. No. 151813/2016, May 8, 2018), an employment discrimination case, the court denied plaintiff’s motion for a “special preference” on the trial calendar, pursuant to CPLR 3403(a)(3). The law: The granting of a special trial preference is an extraordinary remedy…

Read More Employment Discrimination Plaintiff Denied Trial Preference; Hardship Not Shown
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In Romero v. City of New York, 2018 NY Slip Op 28108, 2018 WL 1746395 (N.Y. Sup. Ct. Bronx Cty. Index No. 23064/2017E, April 3, 2018), a race discrimination case asserted under the New York City Human Rights Law, the court held that the transfer of venue from Bronx County to Kings County pursuant to…

Read More Race Discrimination Case Transferred to Brooklyn, Where Only Non-Time-Barred Conduct “Arose” [Romero v. City of New York]
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In Luckie v. Northern Adult Day Health Care Center, 2018 NY Slip Op 03349, 2018 WL 2123993 (App. Div. 2d Dept. May 9, 2018), the Appellate Division, Second Department affirmed the dismissal of plaintiff’s complaint under CPLR 3211(a) pursuant to the NYS Human Rights Law’s “election of remedies” doctrine. This decision illustrates why employment discrimination…

Read More Employment Discrimination Complaint Properly Dismissed Under “Election of Remedies” Doctrine [Luckie v. Northern Adult Day Health Care Center]
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In Lowe v. Mount Sinai Health System, Inc., 16-cv-6074, 2018 WL 2089345 (S.D.N.Y. 2018), the court dismissed plaintiff’s claims of race discrimination (termination), hostile work environment, and retaliation. Plaintiff testified at her deposition that, e.g., her supervisor (Lopiano) made racial comments, such as “why don’t you go back to Haiti” and “you can’t even speak…

Read More Citing “Stray Remarks” Doctrine and Plaintiff’s Mistakes, Court Dismisses Discrimination, Hostile Work Environment, and Retaliation Claims
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