Employment Discrimination

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In Von Maack v. Wyckoff Heights Med. Ctr., 140 A.D.3d 1055 (N.Y. App. Div. 2d Dept. June 22, 2016), the court held that (1) an arbitration determination that plaintiff was terminated for just cause did not collaterally estop her from pursuing a retaliation claim under New York’s “health care whistleblower law”, codified at New York Labor Law…

Read More Health Care Whistleblower Claim Sufficiently Alleged; Arbitration Decision That Termination Was For “Just Cause” Did Not Preclude Retaliation Claim
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In Williams v. Rosenblatt Sec. Inc., No. 14-CV-4390 (JGK), 2016 WL 4120654 (S.D.N.Y. July 22, 2016), the court held that plaintiff – a former securities strategist – plausibly alleged various discrimination claims, including a hostile work environment claim based on his perceived mental illness. The court evaluated plaintiff’s claims under the Americans with Disabilities Act,…

Read More Plaintiff Plausibly Alleges Disability Discrimination/Hostile Work Environment Based on Perceived Mental Illness
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In Epstein v. County of Suffolk & Suffolk County Community College, No. 14-CV-0937, 2016 WL 4257349 (E.D.N.Y. Aug. 11, 2016), the court dismissed plaintiff’s claims for, e.g., age discrimination, disability discrimination (failure to provide reasonable accommodation), and hostile work environment. In this post I’ll discuss the court’s evaluation of plaintiff’s failure-to-accommodate-disability and hostile work environment claims.…

Read More Professor’s Hostile Work Environment & Sleep-Related Disability Discrimination Claims Dismissed as Insufficiently Pled
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In Misas v. N.-Shore Long Island Jewish Health Sys., No. 14-cv-8787, 2016 WL 4082718 (S.D.N.Y. July 25, 2016), the court reaffirmed that an employment discrimination/sexual harassment plaintiff seeking only so-called “garden variety” emotional distress damages does not put their medical condition in issue for discovery purposes. In this case, plaintiffs assert claims of, inter alia, sexual…

Read More Sexual Harassment Plaintiffs’ Assertion of “Garden Variety” Emotional Distress Damages Does Not Authorize Extensive Medical Discovery
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In Beecher v. Northwell Health, EDNY 16-cv-4190, plaintiff alleges gender discrimination, hostile work environment, and retaliation. Among plaintiff’s allegations were that defendant’s Administrative Director, Nelson Mercurio, “went out of his way to catch the female staff members wearing scented products and, upon information and belief, was observed smelling the female staff in an effort to reprimand…

Read More Gender Discrimination, Hostile Work Environment, and Retaliation Lawsuit Cites Employee-Sniffing Boss
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In Santana v. Latino Express Restaurants, Inc., No. 15CV4934-LTS, 2016 WL 4059250 (S.D.N.Y. July 28, 2016), the court found that plaintiff established her sexual harassment, unpaid wage, and retaliation claims following defendants’ default. The facts: Approximately one or two weeks after Santana started working at the Restaurant, [defendant Tommy] Pimental [the restaurant’s co-owner and manager and…

Read More Sexual Harassment, Hostile Work Environment, Retaliation, and Unpaid Wage Claims Established Against Latino Express Restaurants
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I preface this by noting that this is not a political blog. That said, there are many reasons why I think Donald Trump should/must not be president. As a plaintiffs’ civil rights lawyer, the most glaring is his apparent mocking of a disabled reporter. It was cruel, unnecessary, and the opposite of presidential. Take a look: In the…

Read More On Donald Trump Mocking the Disabled
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In Felmine v. Service Star, No. 13-cv-2641, 2016 WL 4005763 (E.D.N.Y. July 25, 2016), the court granted defendants’ summary judgment motion and dismissed plaintiff’s claims for (1) quid pro quo sexual harassment, (2) hostile work environment, (3) retaliation, and (4) disability discrimination. Plaintiff – a cargo handling agent – alleged that defendant “subjected him to…

Read More Court Dismisses Sexual Harassment Claims Based on Conduct of Non-Supervisory Co-Worker
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In Castro v. City of New York, No. 1036, 2016 WL 3919217(N.Y. App. Div. 1st Dept. July 21, 2016), the court held that a plaintiff asserting a claim under Civil Service Law § 75-b – the public-sector-employee whistleblower statute – is not required to file a notice of claim. That statute, as summarized by the court,…

Read More 1st Dept. Holds That Notice of Claim Requirement Does Not Apply to Civil-Service Whistleblower Retaliation Claims
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