November 2019

As you may have heard, Steve Easterbrook was recently dismissed from his position as President and Chief Executive Officer of McDonald’s due to his alleged consensual relationship with a staff member, which was against company policy.  It was also reported that he will receive a severance package of nearly $42 million – comprising six months…

Read More McDonald’s CEO Stephen Easterbrook Terminated Following Relationship With Employee
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In Local 621 v New York City Department of Transportation, No. 101831/17, 9991, 9991A, 2019 N.Y. Slip Op. 08014, 2019 WL 5791378 (N.Y.A.D. 1 Dept., Nov. 07, 2019), the court, inter alia, substantiated claims of national origin discrimination (asserted by the East Indian petitioners) arising from an allegedly biased EEO investigation. From the decision: [T]he…

Read More Race Discrimination Claim Against NY DOT Improperly Dismissed
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In a recent decision, Moxley v. State of New York, 17-cv-691, 2019 WL 5788440 (W.D.N.Y. Nov. 6, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. Among plaintiff’s allegations supporting this claim was her contention that her supervisor’s nephews (and co-workers) “g[ave] her dirty looks.” Regarding this allegation, the court explained : Frequent…

Read More Hostile Work Environment Claim Dismissed; Evidence, Including “Threatening Looks”, Insufficient
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In Petit v. The Department of Education of the City of New York, No. 155523/16, 9984, 2019 WL 5791619 (N.Y.A.D. 1 Dept., Nov. 07, 2019), the court held that plaintiff stated claims of employment discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws. Specifically, the court reversed a…

Read More Hostile Work Environment Claim Stated; Allegations Include “Voodoo Priest” Accusation
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In Dipietrantonio v Deer Park Union Free School District, No. 610828/17, 64 Misc. 3d 1239(A), 2019 N.Y. Slip Op. 51459(U), 2019 WL 4384169 (Sup Ct, Sep. 09, 2019), the court dismissed plaintiff’s claims – on timeliness and procedural grounds, without assessing the merits – of sex and age discrimination under the New York State Human…

Read More Discrimination & Constructive Discharge Claims Against School District Dismissed on Statute of Limitations Grounds
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In James v. Van Blarcum, 2019 WL 5681334 (2d Cir. Nov. 1, 2019) (Summary Order), the court vacated the lower court’s dismissal of plaintiffs’ race-based hostile work environment claims. Initially, the court held that the “continuing violations doctrine” applied, permitting consideration of otherwise-time barred conduct: Appellants allege that the Ulster County jail has a policy…

Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment
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In Tavarez v. 32BJ et al, 2019 WL 5683370 (S.D.N.Y. Nov. 1, 2019), the court dismissed plaintiff’s employment discrimination claim. While plaintiff had testified that almost daily over several years her supervisor “engaged in grossly offensive behavior toward her,” she did not assert facts making out a claim under the antidiscrimination laws. The court cited…

Read More “Grossly Offensive” Behavior Unconnected to Protected Class Insufficient to State Employment Discrimination Claim
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In Lawyer v. City of New York, 2019 NY Slip Op 07698 (App. Div. 1st Dept. Oct. 24, 2019), the court unanimously affirmed the dismissal of plaintiff’s premises liability (negligent security) case. The court stated the rule that “[a] landlord has a common-law duty to take minimal security precautions to protect tenants and members of…

Read More Negligent Security Case Dismissed; Court Cites Building Security Measures and Lack of Prior Incidents
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In Robinson v. Medical Answering Service et al, 5:18-CV-1222, 2019 WL 5653378 (N.D.N.Y. Oct. 31, 2019), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964, on the ground that that claim was (a) not asserted in plaintiff’s EEOC filing, and (b) not “reasonably related”…

Read More Race Discrimination Claim Dismissed as Not Administratively Exhausted at the EEOC; Not “Reasonably Related” to EEOC Gender Discrimination Claim
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