In a recent decision, Lovell v. Consolidated Edison Company of New York, 2019 WL 1311128 (2d Cir. March 22, 2019) (Summary Order), the court held that the plaintiff lacked standing to pursue a federal claim of employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). The court provides a summary of the…
Read More 2d Circuit: Plaintiff Lacked Standing to Pursue USERRA ClaimLast year, New York enacted several pieces of legislation that enhance protections for sexual harassment victims. One such provision, codified in CPLR 7515, prohibits (with certain exceptions) mandatory arbitration of sexual harassment claims. The law provides, in full: (a) Definitions. As used in this section: 1. The term “employer” shall have the same meaning as…
Read More New York Law Prohibiting Mandatory Arbitration in Sexual Harassment CasesIt is not uncommon for a legal claim to be resolved by settlement. In such cases, the settlement will in all likelihood be memorialized in a settlement agreement which – in addition to setting out the basics of the agreement (i.e., a release of claims in exchange for monetary compensation) – will include additional provisions.…
Read More New York Law Limiting Use of Nondisclosure Agreements in Sexual Harassment CasesA (relatively) recent (April 12, 2018) New York State law, Executive Law § 296-d, explicitly prohibits sexual harassment directed at non-employees. The law provides: It shall be an unlawful discriminatory practice for an employer to permit sexual harassment of non-employees in its workplace. An employer may be held liable to a non-employee who is a…
Read More New York Law Prohibiting Sexual Harassment Relating to Non-EmployeesIn Appleton v City of New York, No. 157849/2017, 2019 WL 1206347, at *8 (N.Y. Sup Ct, New York County Mar. 14, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim for failure to state a claim. The court summarized the relevant law: With respect to plaintiff’s hostile work environment claims, “[i]n order…
Read More Hostile Work Environment Claim Dismissed; Belittling, Shouting, Demeaning etc. Conduct Amounted to “Minor Annoyances”In Constance Felice, appellant, v Metropolitan Diagnostic Imaging Group, LLC, et al., respondents, et al., defendant., No. 2016/10529 (Index No. 4471/11), 2019 WL 1272557 (N.Y.A.D. 2 Dept., Mar. 20, 2019) – an employment discrimination, sexual harassment, and retaliation case – the court precluded plaintiff from using at trial certain audio files that were the subject…
Read More Audio Files, Not Produced, Precluded in Sexual Harassment CaseFrom Rapaport v Strategic Financial Solutions LLC, No. 152764/18, 2019 WL 1247132 (N.Y. Sup Ct, New York County Mar. 15, 2019): The motion as to Action 1 is denied. In that action, plaintiff claims that while she was pregnant, defendants unlawfully reclassified her from a full-time employee to a part-time consultant when they acquired her…
Read More Pregnancy Discrimination, Religious-Based Hostile Work Environment Claims Survive DismissalIn Woolcock v. Lukes-Roosevelt, No. 518301/2016, 2019 WL 1206356 (N.Y. Sup Ct, Kings County Mar. 11, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under the NYC Human Rights Law. From the decision: [D]efendant fails to set forth that a reasonable victim of discrimination…
Read More Hostile Work Environment Sexual Harassment Claim Against Mt. Sinai St. Luke’s-Roosevelt Survives Summary JudgmentIn Kong v. Morrison-Tennenbaum PLLC, 2019 NY Slip Op 30529(U), 156864/2016 (Sup. Ct. NY Cty. March 1, 2019), an employment discrimination case, the court determined that various “requests to admit” were improper. Judge Chan discussed the parameters of this disclosure device: A notice to admit “is to be used only for disposing of uncontroverted questions…
Read More Court Strikes Requests to Admit in Employment Discrimination CaseIn McCabe v Consulate General of Canada, No. 101565/15, 8619, 8620, 2019 N.Y. Slip Op. 01651, 2019 WL 1064104 (N.Y.A.D. 1 Dept., Mar. 07, 2019), the court, inter alia, affirmed the dismissal of plaintiff’s sex and age discrimination claims under the New York State and City Human Rights Laws. From the decision: The court properly…
Read More Reduction in Force Coupled With Retention of Others Not in Plaintiff’s Protected Class Insufficient to State Claims of Age and Gender Discrimination