January 2021

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In a recent decision, captioned Calhoun v. Laidlaw & Company, 20-CV-6174 (S.D.N.Y. Dec. 18, 2020) (provided via teleconference; here is the transcript), the court held that plaintiff sufficiently alleged retaliation under the New York State and City Human Rights Laws. It was undisputed that the plaintiff sufficiently alleged that he engaged in “protected activity”, namely,…

Read More Former Employee’s Retaliation Claim Sufficiently Alleged, Court Holds
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It has been reported that those identified as being present at, and/or having expressed support for, the U.S. Capitol riot(s) of January 6, 2021 have lost their jobs or are otherwise facing discipline. To what extent does such action violate their rights as employees?[1]The below discussion is confined to New York law and federal law…

Read More Recently-Unemployed Rioters and Wrongful Termination Claims
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On January 7, 2020, the New York Court of Appeals – which, for those unfamiliar with New York’s court system, is our highest court – heard (remote) oral argument in the case captioned Doe v. Bloomberg, L.P. et al. In this case, plaintiff alleges, among other things, that while employed as a temporary employee for Bloomberg…

Read More NY Court of Appeals Hears Oral Argument in Case as to Individual Liability (Here, of Michael Bloomberg) Under the NYC Human Rights Law
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In a recently-updated (December 16, 2020) document titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws“, the U.S. Equal Employment Opportunity Commission (EEOC) addressed (in section “K.”), the issue of vaccinations in the context of COVID-19. For example, the EEOC takes the position that: The vaccination itself…

Read More EEOC Updates Guidance Regarding Vaccinations
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In Doe v. New York City Police Department et al, No. 118182/09, 12763, 2019-3747, 2021 N.Y. Slip Op. 00009, 2021 WL 27523 (N.Y.A.D. 1 Dept., Jan. 05, 2021), the court, inter alia, unanimously reversed the lower court’s order granting summary judgment for defendants on plaintiff’s claim of employment discrimination asserted under the New York State…

Read More Sexual Orientation Discrimination Claim Survives Summary Judgment Against the NYPD
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In Farmer v. Fzoad.com Enterprises Inc., 2020 WL 6530787 (S.D.N.Y. 2020), the court, inter alia, found that the plaintiff sufficiently alleged a conversion claim against the employer defendants. From the decision: Count XII asserts a claim for conversion alleging that Defendants are “withholding Plaintiff’s personal belongings without justification, including but not limited to, two laptop…

Read More Employer’s Failure to Return Employee’s Personal Property Supported Conversion Claim, Court Finds
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In Petty v. The Law Office of Robert P. Santoriella, P.C., No. 155468/2015, 2020 WL 7011753, 2020 N.Y. Slip Op. 33908(U) (N.Y. Sup Ct, N.Y. Cty. Nov. 25, 2020), the court dismissed plaintiff’s public accommodation discrimination claims under the New York State and City Human Rights Laws. In sum, plaintiff – a prospective client of…

Read More Law Firm Was a “Place of Public Accommodation”, but Discrimination Claim Dismissed
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In Stanley v. City of New York et al, No. 151098/2020, 2020 N.Y. Slip Op. 20353, 2020 WL 7776484 (NY Sup. Ct. NY Cty. Dec. 23, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims arising from the City’s alleged failure to comply with decedent’s desire for plaintiff to control the disposition…

Read More NYC Human Rights Law Claim, Arising From Disposition of Transgender Muslim Man’s Remains, Survives Dismissal
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In Jordan v. Lisa Ellsworth, et al, 2020 WL 7398757 (W.D.N.Y. Dec. 17, 2020), the court granted summary judgment to defendants on plaintiff’s employment discrimination and retaliation claims. In sum, plaintiff alleged that defendants denied her promotional opportunities due to her race and in order to retaliate against her for filing internal race discrimination complaints.…

Read More Employment Discrimination & Retaliation Claims Dismissed Against NY State Insurance Fund; Pretext Not Shown
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