Employment Discrimination

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In Staten v. City of New York, No. 15-2611, 2016 WL 3569906 (2d Cir. June 30, 2016) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s hostile work environment claim. This case illustrates the importance of context – specifically, the nature of the plaintiff’s job – in evaluating hostile work environment claims. From the…

Read More No Hostile Work Environment Claim Stated by Police Officer Based on Receipt of “Dangerous Orders”
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In Francis v. Wyckoff Heights Med. Ctr., No. 13-cv-2813, 2016 WL 1273235 (E.D.N.Y. Mar. 30, 2016), the court cited and applied the principles that “regular attendance at work is an essential requirement of virtually all employment” and “[t]he [Americans with Disabilities Act] does not require employers to tolerate chronic absenteeism even when attendance problems are caused…

Read More Court Rejects “Increased Sick Days” as a “Reasonable Accommodation”
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In Godino v. Premier Salons, Ltd., No. 13705/13, 2016 NY Slip Op 05118, 2016 WL 3533532 (N.Y. App. Div. 2d Dept. June 29, 2016), the court affirmed the denial of defendants’ motion to dismiss plaintiff’s complaint alleging age discrimination and hostile work environment. On a motion to dismiss a complaint for failure to state a cause…

Read More Plaintiff Hairstylist Sufficiently Alleges Age Discrimination and Hostile Work Environment; Survives CPLR 3211(a)(7) Motion to Dismiss
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In Beaton v. Metro. Transp. Auth. New York City Transit, No. 15 CIV. 8056 (ER), 2016 WL 3387301 (S.D.N.Y. June 15, 2016), the court held that plaintiff – who suffered from schizophrenia – successfully pleaded discrimination (termination) and retaliation claims, but failed to sufficiently allege a failure-to-accommodate claim. Plaintiff’s allegations, in sum: Plaintiff alleges that…

Read More Schizophrenic Plaintiff Fired for Sleeping on the Job Plausibly Alleges Disability Discrimination and Retaliation, But Not Failure-to-Accommodate, Claims
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In Barone v. Emmis Communications Corp., 2016 Slip Op 31049(U), Index 155032/12 (N.Y. Sup. Ct. June 7, 2016), the court, per Judge Hagler, granted summary judgment to defendants and dismissed plaintiff’s gender discrimination claim under the NYC Human Rights Law. The decision summarizes the legal framework (the two methods, pretext and mixed-motive) for analyzing NYC…

Read More Spousal Jealousy, Not Gender, Was Basis for Termination; Court Dismisses NYC Human Rights Law Discrimination Complaint
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In Franchino v. Roman Catholic Archdiocese of New York, No. 15 CV 6299 (VB), 2016 WL 3360525, at (S.D.N.Y. June 15, 2016), the court dismissed plaintiff’s complaint for discrimination on the basis of gender, ethnicity, national origin, and age under Fed. R. Civ. P. 12(b)(6) for failure to state a claim. In dismissing his Title VII…

Read More SDNY Dismisses Employment Discrimination Complaint Asserting Unequal Discipline and Age-Related Jokes and Comments
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In Tse v. New York University, No. 10-CV-7207 (DAB), 2016 WL 3281045 (S.D.N.Y. June 6, 2016), the court, per SDNY Judge Batts, held that plaintiff’s receipt of long-term disability and social security disability insurance benefits did not preclude her from receiving back pay or front pay as a matter of law, and that those benefits should…

Read More SDNY Holds That Lost Wages Were Not Precluded, and Should Not Be Offset, by Disability Benefits
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In Magnotti v. Crossroads Healthcare Mgmt. LLC, 14-cv-6679, 2016 WL 3080801 (E.D.N.Y. May 27, 2016), the court discusses the circumstances under which an individual may be held liable under the New York State and City Human Rights Laws. In this disability discrimination and retaliation case, plaintiff – a full-time supervising pharmacist – asserts that after…

Read More Court Discusses Individual Liability Under NYS and NYC Human Rights Laws in Disability Discrimination Case
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In Gomez v. New York City Police Dep’t, No. 15-CV-4036 (AJN), 2016 WL 3212108 (S.D.N.Y. June 7, 2016), the court dismissed plaintiff’s claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the NYS and NYC Human Rights Laws. Election of Remedies Initially, the court held that plaintiff’s decision…

Read More Sexual Harassment (and Other) Claims Dismissed; Court Discusses and Applies Principles of Administrative Exhaustion, Election of Remedies, and Statute of Limitations
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In Altman v. New Rochelle Pub. Sch. Dist., No. 13-CV-3253 (NSR), 2016 WL 3181153 (S.D.N.Y. June 2, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s national origin discrimination claim. “In order to establish a prima facie case of discriminatory termination of employment [under Title VII], the plaintiff must show that she belongs to…

Read More Title VII Plaintiff Survives Summary Judgment on National Origin Discrimination Claim
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