In Basso v. EarthLink, Inc., 2018 NY Slip Op 00030 (App. Div. 1st Dept. Jan. 2, 2018), the court affirmed summary judgment in defendants’ favor on plaintiff’s claims of gender and age discrimination under the New York State and City Human Rights Laws. From the decision: Plaintiff carried her “de minimis burden” of showing a prima…
Read More Age/Gender Discrimination Claims Properly Dismissed; Pretext Not ShownIn Murray v. Cerebral Palsy Associations of New York et al, 16-cv-662, 2018 WL 264112 (S.D.N.Y. Jan. 2, 2018), the court, inter alia, dismissed plaintiff’s claim that he was discriminated against based on his post-traumatic stress disorder (PTSD), in violation of the Americans with Disabilities Act (ADA).[1]The court also dismissed plaintiff’s hostile work environment and…
Read More PTSD-Disability Discrimination Claim Dismissed, Absent Evidence That Decisionmakers Knew of Plaintiff’s ConditionBuried within the Tax Cuts and Jobs Act (signed into law on Dec. 22, 2017) is a provision, at Sec. 13307, titled “Denial of Deduction for Settlements Subject to Nondisclosure Agreements Paid in Connection With Sexual Harassment or Sexual Abuse”. This section amends Internal Revenue Code (26 U.S.C.) 162 by adding a new section, section 162(q),…
Read More Sexual Harassment Settlements Affected By New Tax LawIn Ortegas v. G4S Secure Solutions (USA) Inc., 2017 NY Slip Op 09262 (App. Div. 1st Dept. Dec. 28, 2017), the court affirmed the dismissal, under CPLR 3211(a)(1), of plaintiff’s discrimination claims as time-barred. The court explained: Plaintiff’s employment application “utterly refutes” her discrimination claims and conclusively establishes defendants’ defense as a matter of law……
Read More Employment Discrimination Claim Time-Barred; Employment Application Limited Statute of Limitations to Six MonthsIn Carvalho v. Associated Brands Inc., No. 17-622-cv, 2017 WL 6616707 (2d Cir. Dec. 28, 2017) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s denial-of-promotion claim under the Americans with Disabilities Act (ADA). As to that claim, plaintiff argued that the defendant discriminated against him based on his anxiety disorder by denying…
Read More ADA Denial-of-Promotion Claim Properly Dismissed; Pretext Argument Was “Mere Speculation”In Shellogg v. DST Russian and Turkish Bath, Inc. et al, 2017 WL 6602277, 2017 NY Slip Op 51914(U) (App. Term, 1st Dept. Dec. 22, 2017) (unpublished), the court reversed summary judgment for defendants on plaintiff’s claims of gender discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws. Here are…
Read More Punishment for Refusal to Engage in Sex With Clients Sufficient to Overcome Summary Judgment on Gender Discrimination/Hostile Work Environment Claims Against Russian & Turkish BathsIn Lation v. Fetner Properties, Inc., 2017 WL 6550691 (S.D.N.Y., 2017), the court addressed claims by a Manhattan building concierge (plaintiff Lation) arising from harassment by a resident of, and an owner of one unit in, the condominium where plaintiff worked (defendant Thomas Chiu). The court compelled arbitration against Defendants 1212 Fifth Avenue Condominium and Fetner…
Read More Concierge Sufficiently Alleges Intentional Infliction of Emotional Distress, But Not Employment Discrimination, Claims Against Building ResidentIn DeMarzo v. Urban Dove, Inc., 2017 NY Slip Op 32612(U) (NY Sup. Ct. Kings Cty., 500466/13, Nov. 21, 2017), the court denied defendants’ motion to dismiss plaintiff’s disability discrimination and retaliation claims under the NYS and NYC Human Rights Laws on the ground that plaintiff failed to file a Notice of Claim. The governing statute, Education…
Read More State, City Human Rights Law Claims Are Not “Torts” Under Notice of Claim Statute, Court HoldsIn Khater v. API Industries d/b/a Aluf Plastics, Inc., 2017 WL 6515531 (S.D.N.Y. Dec. 19, 2017), the court dismissed plaintiff’s hostile work environment claim because plaintiff failed to “exhaust administrative remedies” at the U.S. Equal Employment Opportunity Commission with respect to that claim. This decision illustrates the pitfalls present when pursuing federal employment discrimination claims,…
Read More Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOCIn Breitstein v. Michael C. Fina Co., 2017 NY Slip Op 08883 (App. Div. 1st Dept. Dec. 21, 2017), the court affirmed the dismissal of plaintiff’s religious discrimination, age discrimination, and retaliation causes of action under the New York State and City Human Rights Laws. This decision teaches/confirms that, in a discrimination case, the question is not…
Read More Religious/Age Discrimination & Retaliation Claims Properly Dismissed Against Michael C. Fina