Employment Law

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In Hazelwood v. Highland Hospital, 17-4139 (2d Cir. March 1, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s (a deaf woman) claims of failure to accommodate and unlawful retaliation under the Americans with Disabilities Act (ADA). The court provides some guidance as to what qualifies as an ADA “reasonable accommodation”: A reasonable…

Read More 2d Circuit: Disability Accommodation (Effective, Though Not Preferred) Was ADA-Compliant
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In Sarmiento v. Ampex Casting Corp., 2019 NY Slip Op 30431(U), Index NO. 150294/2011 (Sup. Ct. NY Cty. Feb. 21, 2019), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s gender discrimination and retaliation claims. The court addressed the “central question” of “whether plaintiff has stated an issue of fact in her…

Read More Sexual Harassment Claim Survives Summary Judgment
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In Akinde v. New York City Health & Hosps. Corp., 2019 NY Slip Op 01493 (App. Div. 1st Dept. Feb. 28, 2019), the court unanimously affirmed the dismissal of plaintiff’s discrimination and hostile work environment claims on statute-of-limitations grounds, and of plaintiff’s retaliation claim on the merits. As to the former, the court explained: Plaintiff’s…

Read More Hostile Work Environment Claim Dismissal, on Statute of Limitations Grounds, Affirmed
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In Kleber v. CareFusion Corp., No. 17-1206 (7th Cir. Jan. 23, 2019), the court held that the section of the Age Discrimination in Employment Act (ADEA) prohibiting “disparate impact” discrimination does not apply to job applicants. That section, 4(a)(2), makes it unlawful for an employer to limit, segregate, or classify his employees in any way…

Read More 7th Circuit: ADEA’s “Disparate Impact” Section Does Not Apply to Job Applicants
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In a recently-filed complaint – captioned Stover v. Amazon.com, LLC et al, 19-cv-00054 (E.D.Ky Feb. 15, 2019) – the plaintiff alleges that the defendants subjected him to discrimination based on his disability (Chron’s disease). Plaintiff claims, specifically, that defendants terminated him because of “time theft” due to “excessive bathroom breaks” – which, he contends, were…

Read More Disability Discrimination Lawsuit Against Amazon
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In Page v. Half Hollow Hills Central School District, 16-cv-4710, 2019 WL 764748, (E.D.N.Y. Feb. 20, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State Human Rights Law. The court…

Read More Race Discrimination Case Dismissed; Loss of License Rendered Plaintiff “Unqualified” For Position
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In Page v. Half Hollow Hills Central School District, 16-cv-4710, 2019 WL 764748, (E.D.N.Y. Feb. 20, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim on the ground that plaintiff did not address that claim in his papers opposing the motion. Here, defendants sought summary judgment on…

Read More Hostile Work Environment Claim, Unaddressed in Summary Judgment Opposition, Deemed Abandoned
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From Gallagher v. Pepe Auto Group et al, 18-cv-3433, 2019 WL 801955 (SDNy Feb. 21, 2019): Here, the arbitration agreement, which provides, “Any dispute under this Agreement shall be resolved by binding arbitration,” is broad. Therefore, there is a presumption of arbitrability regarding plaintiff’s claims that arise under the Employment Agreement. Those claims include plaintiff’s…

Read More Employment Discrimination Claims (But Not Post-Termination Claims) Subject to Arbitration
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