April 2020

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A recent decision, Barney v. H.E.L.P. Homeless Service Corporation, 2020 WL 1699984 (SDNY April 8, 2020), illustrates the “extraordinary circumstances” justifying a delay in filing a federal discrimination lawsuit under Title VII of the Civil Rights Act of 1964 on the grounds of “equitable tolling.” Plaintiff asserted claims of sexual orientation-based discrimination and retaliation, and…

Read More Stabbing Justified “Equitable Tolling” of 90-Day EEOC Deadline in Discrimination Case, Court Holds
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In Babb v. Wilkie, 2020 WL 1668281 (U.S. April 6, 2020), the U.S. Supreme Court interpreted the federal-sector provision of the Age Discrimination in Employment Act of 1967 (ADEA), 88 Stat. 74, 29 U.S.C. § 633a(a). That section provides, in relevant part: “All personnel actions affecting employees or applicants for employment who are at least…

Read More SCOTUS Interprets the ADEA’s Federal-Sector Provision
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In Jian Hua Li v. Chang Lung Group Inc., 2020 WL 1694356 (E.D.N.Y. April 7, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the court explained: Plaintiff’s hostile work environment claim under the NYSHRL fails.…

Read More Hostile Work Environment Claim, Based on Chinese-American Status, Dismissed
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In Kuti v. Sera Sec. Servs., 2020 NY Slip Op 02153 (App. Div. 1st Dept. April 2, 2020), the Appellate Division, First Department affirmed the denial of defendant security company’s motion for summary judgment. Plaintiff here is a nurse who was injured when she was attacked by a patient at the healthcare facility where she…

Read More Attacked Nurse’s Negligence Suit Against Security Company Continues
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Below and here is the letter sent by the Attorneys General of New York, Pennsylvania, and the District of Columbia to the CEO of Town Sports International Holdings, Inc. regarding their alleged “unlawful response to the COVID-19 pandemic and national emergency.” From the letter: [I]t is a false and deceptive practice and a violation of…

Read More States to Town Sports: Stop Charging Fees While Facilities Are Closed
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In Sosa v. New York City Department of Education, 18-cv-411, 2020 WL 1536348 (E.D.N.Y. March 31, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of retaliation under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL), based…

Read More Retaliation Claim Survives Dismissal Against NYC DOE
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In Sedhom v Suny Downstate Medical Center, No. 155837/2017, 2020 WL 1514710, 2020 N.Y. Slip Op. 30881(U) (N.Y. Sup Ct, New York County Mar. 27, 2020), the court, inter alia, dismissed plaintiff’s claim for hostile work environment under the New York State and City Human Rights Laws. As to the state law, the court held:…

Read More Hostile Work Environment Claim Dismissed Against SUNY Downstate Medical Center
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In Anderson v. New York City Health and Hospitals Corporation et al, 16-cv-1051, 2020 WL 1528101 (S.D.N.Y. March 31, 2020), the court, inter alia, upheld the dismissal on summary judgment of plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The…

Read More Hostile Work Environment Claim Dismissed Against NYC Health & Hospitals Corporation
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It was recently reported that Amazon terminated a Staten Island-based warehouse employee after he participated in a worker walkout protesting the company’s response to apparent incidents of coronavirus in the facility. New York’s Attorney General is looking into whether this constitutes unlawful retaliation. (See also, Law360, March 30, 2020, “Amazon, Instacart Workers Strike Over COVID-19…

Read More Amazon Allegedly Fires Employee For Raising Coronavirus Concerns
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In Yarrington v. Candor Central School District et al, 18-cv-1250, 2020 WL 1493920 (N.D.N.Y. March 27, 2020), the court (inter alia) granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the law as follows: In order to state…

Read More Hostile Work Environment Claim Dismissed; Conduct Evidenced “Personality Conflicts”
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