Court: EDNY

In a Brooklyn federal lawsuit, captioned Cox v. 5Linx Enterprises, Inc. et al, 16-cv-00611 (EDNY filed 2/5/16), the plaintiff alleges that she was subjected to sexual harassment and then retaliation for complaining about it, in violation of various statutes, including Title VII of the Civil Rights Act of 1964. Specifically, she alleges (among other things)…

Read More Sexual Harassment Lawsuit Against 5Linx Enterprises Inc. et al
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In Collazo v. Cty. of Suffolk, No. 12-CV-2196, 2016 WL 660856 (E.D.N.Y. Feb. 17, 2016), the court summarized various ways in which a Title VII plaintiff can demonstrate the requisite “inference of discrimination” as part of the prima facie case element of a discrimination claim: An inference of discrimination can be found in circumstances that include: (1)…

Read More Discrimination Claims Proceed as to Some, But Not All, Alleged Adverse Employment Actions
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In Locorriere v. NBTY, Inc., No. 13CV7277, 2016 WL 625618 (E.D.N.Y. Feb. 17, 2016), the court granted defendant’s motion for summary judgment on plaintiff’s claims of race/ethnicity and national origin discrimination, disability discrimination, hostile work environment, retaliation, and constructive discharge. Plaintiff, a female of Mexican national origin, worked for defendant as an inspector. She alleged,…

Read More Citing Lack of Remarks or Different Treatment, Court Dismisses Mexican Woman’s Discrimination Claims
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In a recent decision in the case of Vale v. Great Neck Water Pollution Control District, 14-cv-4229 (E.D.N.Y. Jan. 8, 2016), a disability discrimination and retaliation case, the court denied the motion of a non-party – a person who had allegedly discriminated against other employees, but who never worked with or supervised plaintiff – to…

Read More Testimony of Non-Party Prior Employee (and Alleged Discrimination Victim) is Relevant in Disability Discrimination and Retaliation Case, Court Rules
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In Marcus v. Leviton Mfg. Co., No. 15CV656SJFGRB, 2016 WL 74415 (E.D.N.Y. Jan. 6, 2016), the Eastern District of New York dismissed plaintiff’s age discrimination case for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Although this plaintiff loses, Judge Feuerstein’s decision is instructive regarding what judges look for when evaluating…

Read More Pleading Lessons From a Dismissed Age Discrimination Case
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In Magnotti v. Crossroads Healthcare Mgmt., LLC, No. 14-CV-6679 ILG RML, 2015 WL 5173528 (E.D.N.Y. Sept. 3, 2015), the court held the plaintiff, a pharmacist, plausibly alleged a claim of retaliation under the Americans with Disabilities Act. It explained: In order to state a claim for retaliation, plaintiff must allege that (1) he engaged in an…

Read More Pharmacist’s Complaint of Reduction in Hours After Surgery Supports ADA Retaliation Claim
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In Alexander-Callender v. NBTY et al, No. 14-CV-2462 (JS)(AYS), 2015 WL 9581819 (E.D.N.Y. Dec. 30, 2015), the Eastern District of New York dismissed, as insufficiently pled, plaintiff’s sexual harassment (hostile work environment), race discrimination, and retaliation claims. In her complaint, plaintiff alleged that a co-worker, for example, stared at plaintiff in a “sexually inappropriate manner”…

Read More Sexual Harassment Hostile Work Environment Claim Insufficiently Alleged
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In Tate v. Levy Rest. Holdings, LLC, No. 14-CV-2056, 2015 WL 9076230 (E.D.N.Y. Dec. 16, 2015), the court stated and applied the standard for awarding attorney fees to a prevailing defendant in an employment discrimination case. You can read about the Eastern District’s dismissal of claims brought by the plaintiff – a gay male waiter who…

Read More Court Denies Attorney Fees to Prevailing Defendant in Sexual Orientation Discrimination Case
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In Geras v. Hempstead Union Free Sch. Dist., No. 13-CV-5094(ADS)(AYS), 2015 WL 9182980 (E.D.N.Y. Dec. 17, 2015), the court noted that “although the standard for establishing a hostile work environment is high, … [t]he environment need not be unendurable or intolerable.” From the decision: [T]here is testimonial evidence that the Plaintiff was “harassed [and] belittled on…

Read More “Reverse” Race Discrimination Hostile Work Environment Claim Survives Summary Judgment
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In Lopez v. Hollisco Owners’ Corp., No. 14-CV-3738, 2015 WL 7748358 (E.D.N.Y. Nov. 30, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA) and the NYC Human Rights Law. In sum, the court held that an employer may “condition an employee’s return to…

Read More Hepatitis Disability Discrimination Claim Dismissed Under the ADA’s “Business Necessity” Exception
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