September 2020

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A recent decision, Rimpel v. AdvantageCare Physicians, P.C., 2020 WL 5517281 (E.D.N.Y. Sept. 14, 2020), discusses and applies the “stray remarks” doctrine as it applies to a claim of “disparate treatment” discrimination: From the decision: Here, no reasonable jury could conclude by a preponderance of the evidence that Plaintiff’s termination was partially motivated by age…

Read More Age Discrimination Claims Dismissed Upon Application of the “Stray Remarks” Doctrine
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In a recent case, Stephanie L. v. House of the Good Shepherd, 2020 N.Y. Slip Op. 04643, 2020 WL 4876487 (N.Y.A.D. 4 Dept., Aug. 20, 2020), the court discusses and applies the foundational principle of “duty” in a negligence case. The facts here are relatively straightforward; in sum, plaintiffs adopted a child through defendant (a…

Read More Court: Foster Agency Owed Duty to Disclose Foster Child’s History to Adoptive Parents
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In Blodgett v. 22 South Street Operations, LLC, 2020 WL 5523540 (2d Cir. Sept. 15, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s claims of discrimination, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act of 1990 (ADA) and retaliation and interference with the exercise of rights under the…

Read More 2d Circuit Affirms Dismissal of ADA Discrimination, Retaliation, and Failure to Accommodate Claims
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In Zheng-Smith v. Nassau Health Care Corporation, 18-cv-2585, 2020 WL 55117486 (EDNY Sept. 14, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claims alleged under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court explained the black-letter law as follows: Although courts are…

Read More Hostile Work Environment Claim, Based on Mocking of Accent, Dismissed
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In Meagher v. State University Construction Fund et al, 2020 WL 5504011 (N.D.N.Y. Sept. 11, 2020), the court, inter alia, dismissed plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the “black letter” law applicable to plaintiff’s Title VII retaliation claim: Title VII makes it unlawful “for…

Read More Title VII Retaliation Claim Dismissed; “Gender Plus Parental Status” Complaint Did Not Constitute “Protected Activity”
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In Trail v. New York State Department of Corrections and Community Supervision, 17-cv-7273, 2020 WL 5504277 (SDNY Sept. 10, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim. [1]I discussed the court’s denial of defendants’ motion for summary judgment as to one aspect of plaintiff’s discrimination/disparate treatment…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In Trail v. New York State Department of Corrections and Community Supervision, 17-cv-7273, 2020 WL 5504277 (SDNY Sept. 10, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s disparate treatment discrimination claim under Title VII of the Civil Rights Act of 1964, relating to his claim that he suffered an “adverse…

Read More Harsher Punishment For Workplace Altercation Creates Issue of Fact as to Pretext; Summary Judgment Denied on Employment Discrimination Claim
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In Parneros v. Barnes & Noble, Inc., 2020 WL 5350531 (S.D.N.Y. Sept. 3, 2020), the court denied defendant’s motion for summary judgment on plaintiff’s claim that Barnes & Noble violated the implied covenant of good faith and fair dealing by firing him mere days before the equity payment for the prior year, when he served…

Read More Barnes & Noble CEO May Proceed on Claim of Breach of the Covenant of Good Faith and Fair Dealing
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In Padilla v. Sacks and Sacks, LLP, 2020 WL 5370799 (S.D.N.Y. Sept. 8, 2020), the court dismissed plaintiff’s claims of sexual harassment and discrimination on the basis of gender and sexual orientation, wrongful discharge, and intentional infliction of emotional distress. Plaintiff, a gay Hispanic woman, was employed by defendant as a paralegal. After dismissing plaintiff’s…

Read More Discrimination, Sexual Harassment Allegations Did Not Make Out Claim For Intentional Infliction of Emotional Distress
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In Mascaro v. Brant Publications, Inc., No. 152662/2019, 2020 WL 5229247 (N.Y. Sup Ct, New York County Aug. 28, 2020) – in which plaintiff asserts claims for age and disability discrimination under the New York State Human Rights Law – the court denied plaintiff’s motion (pursuant to CPLR 3124 and 3126) to compel responses to…

Read More Pre-Preliminary Conference Discovery Motion Denied in Age/Disability Discrimination Case
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