In Johnson v. County of Nassau (EDNY Jan. 30, 2015), the Eastern District of New York explained and applied Section 296(6) of the New York State Human Rights Law (NYSHRL), which makes it an unlawful discriminatory practice “for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden…
Read More Court Ponders Individual Liabilty for Race Discrimination Under NYS Human Rights LawIn the case of Vale v. Great Neck Water Pollution Control District, decided January 20, 2015, the Eastern District of New York held that the plaintiff sufficiently alleged various claims – including discrimination, failure to accommodate, and retaliation – under the Americans with Disabilities Act (ADA). Plaintiff alleged that she was subjected to unfair treatment in…
Read More Plaintiff Sufficiently Alleges Employment Discrimination Based on Disability (Broken Wrist)Here is the complaint recently filed by a student, identified only as “V.V.”, against the New York City Department of Education. Plaintiff asserts, in sum, that she and other students were sexually harassed by cross-dressing teacher Sean Shaynak and that the DOE failed to institute corrective measures to stop it. Plaintiff seeks to recover under Title…
Read More Lawsuit Against NYC Department of Education re Sexual Harassment by Brooklyn Tech Teacher Sean ShaynakIn Sherman v. County of Suffolk, the Eastern District of New York addressed plaintiff’s discrimination claims under the Americans with Disabilities Act (ADA). The court held that plaintiff presented enough evidence to overcome summary judgment on his ADA discrimination claim: [W]hile the Plaintiff does not point to any direct evidence of discriminatory intent, such as derogatory…
Read More ADA-Based Discrimination and Retaliation, but not Hostile Work Environment, Claims Survive Summary JudgmentHere is the lawsuit recently filed by a teacher against the New York City Department of Education and principal Howard Kwait. Plaintiff alleges sexual harassment/hostile work environment and retaliation. For example, she alleges that the principal, Howard Kwait, made numerous sexual advances toward her, including on one occasion straddled and touched plaintiff and simulated sexual…
Read More Teacher Sues School (John Bowne) and Principal Howard Kwait for Sexual Harassment/Hostile Work Environment and RetaliationIn Denis v. Home Depot, U.S.A., the Eastern District of New York recently permitted plaintiff to amend his complaint to add a claim for punitive damages. Plaintiff alleged that he sustained personal injuries resulting from a false arrest at a Nanuet, NY Home Depot store for attempted shoplifting. Here are the pertinent facts, as summarized…
Read More Plaintiff May Amend Complaint to Add Claim for Punitive Damages in False Arrest Lawsuit Against Home DepotIn Bright v. Coca Cola, 12-cv-234 (EDNY Nov. 3, 2014), an employment discrimination case, the Eastern District of New York granted summary judgment in defendant’s favor. Judge Cogan’s decision is instructive regarding the use of depositions in employment litigation. For non-lawyers/litigators, a “deposition” is (briefly and generally speaking) a witness’s out-of-court testimony that is reduced to…
Read More “Have You Identified All Facts Supporting Your Claims?”In Peralta v. Roros 940, Inc., 72 F. Supp. 3d 385 (E.D.N.Y. 2014), the Eastern District of New York denied defendants’ summary judgment motion as to plaintiff’s discriminatory termination (based on pregnancy) claim, but granted it as to her pregnancy-based hostile work environment claim. The defendant, a FedEx subcontractor, alleged that plaintiff, a delivery driver, was…
Read More Unequal Treatment of Non-Pregnant Co-Workers Supports Pregnancy Discrimination Claim Against FedEx SubcontractorIn Corrado v. New York State Uniform Court System, the Eastern District of New York explained the difference between an “adverse action” for purposes of retaliation and an “adverse action” for purposes of discrimination based on a protected class (so-called disparate treatment). Specifically: To show a prima facie case of retaliation, plaintiff must demonstrate that…
Read More Court Explains Differing Standards for “Adverse Action” Depending on Whether Claim is For Retaliation or Status-Based Employment DiscriminationAs illustrated by a recent federal court decision, a plaintiff may be able to assert false arrest claims against a private individual who makes a false report to the police, resulting in plaintiff’s arrest. In Sanders-Peay v. NYC Dept. of Educ., decided Nov. 18, 2014, the Eastern District of New York held that plaintiff, a Department…
Read More False Arrest Claims, Based on False Statements to Police, Sufficiently Pled