In Zelasko v. NYC Department of Education, No. 20-CV-5316, 2021 WL 2635121 (E.D.N.Y. June 25, 2021), the court dismissed plaintiff’s claim of disability discrimination. From the decision: In this case, the complaint does not allege facts suggesting that plaintiff is disabled within the meaning of the ADA or that she was perceived to be so…Read More Disability Discrimination Claim Dismissed; Plaintiff’s “Concussion” Was Not an ADA “Disability”; Adverse Action Too Long After Injury
In Camarda v. City of New York et al, 15-3262-cv, 2016 WL 7234686 (2d Cir. Dec. 14, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal (Camarda v. City of NY, EDNY 11-cv-2629, Sept. 16, 2015 (J. Mauskoopf)) of plaintiff’s claims of sex discrimination, hostile work environment, and retaliation under 42 U.S.C. § 1983;…Read More 2nd Circuit Explains Decision to Affirm Dismissal of Police Officer’s Sexual Harassment, Gender Discrimination, Hostile Work Environment, and Retaliation Claims
In Al-Kaysey v. Engility Corp., No. 11-cv-6318, 2016 WL 5349751 (E.D.N.Y. Sept. 23, 2016), the court held that plaintiff – a U.S. Citizen of Iraqi descent and practicing Muslim who was employed as a linguist – plausibly alleged (in a proposed amended complaint) a claim of hostile work environment against defendants, including the Army. (This…Read More “Sand Nigger” and Other Comments Support Iraqi Muslim’s Hostile Work Environment Claim Against Army
A case recently decided by the Eastern District of New York, Smith v NYC Health and Hosp Corp., 10-cv-714 (EDNY June 18, 2013), illustrates the somewhat difficult task faced by employment discrimination plaintiffs and confirms that not all workplace adversity is actionable. In short, the law does not impose a “general civility code which prohibits all…Read More Court Rejects Plaintiff’s Hostile Work Environment and Retaliation Claims
In Briggs v. Women in Need, Inc, 819 F.Supp.2d 119 (2011), the court denied defendant’s FRCP 12(b)(6) motion to dismiss plaintiff’s complaint alleging discrimination under the Pregnancy Discrimination Act (PDA) by her nonprofit employer. The Facts Plaintiff advised her employer of her pregnancy in March 2007, went on medical leave due to her high-risk pregnancy…Read More Plaintiff May Press Pregnancy Discrimination Claims Against Non-Profit Women in Need Inc.