P Defeats Summary Judgment (Employment)

In Clarke v. New York City Department of Education et al, 2020 WL 6047426 (E.D.N.Y. Oct. 13, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s pregnancy discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…

Read More Pregnancy Discrimination Claims Survive Summary Judgment Against the NYC Dept. of Education
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In a recent case, D’Alessio v. Charter Communications, LLC, 2020 WL 5638721 (EDNY Sept. 21, 2020), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiff’s claim that defendant failed to accommodate plaintiff’s disability (in one respect) under the Americans with Disabilities Act and the New York City Human Rights Law. According…

Read More Failure-to-Accommodate-Disability Claim (Based on Parking Spot Request) Survives Summary Judgment Against Charter Communications
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In Green v. New York City Transit Authority et al, 15-cv-8204, 2020 WL 5632743 (S.D.N.Y. Sept. 21, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim. Federal & State Law As to plaintiff’s claims under Title VII of the Civil Rights Act of 1964 and the…

Read More Sexual Harassment/Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Name-Calling, Pornography
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In Pardovani v. Crown Building Maintenance Co., 2020 WL 2555280 (SDNY May 20, 2020), the court denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim. From the decision: Pardovani offers evidence to suggest that, far from an occasional occurrence, the word “nigger,” and derivations thereof, were used frequently and offensively in…

Read More Race-Based Hostile Work Environment Claims Survive; Evidence Included the Use of the “N-Word”
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In Green v. Town of East Haven, 2020 WL 1146687 (2d Cir. March 10, 2020), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a district court’s order grantinf defendant’s motion for summary judgment dismissing plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA) under a theory of…

Read More Constructive Discharge Claim Revived from Summary Judgment Dismissal
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In a recent case, ANNA MARIE SCORSONELLI, Plaintiff, v. MADISON DENTISTRY, P.C., et al., Defendants., 2019 WL 6032787, at *1–2 (S.D.N.Y., 2019), the court, inter alia, held that plaintiff’s failure-to-accommodate-disability claim could continue. From the decision: A reasonable jury could likewise find that Defendants failed to accommodate Scorsonelli’s disability. Even if Scorsonelli’s daily requests for…

Read More Failure to Accommodate Disability, Retaliation Claims Survive Summary Judgment
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In Bistreich v City of New York, No. 160194/2016, 2019 WL 4569921 (N.Y. Sup Ct, New York County Sep. 16, 2019), the court denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claim under the New York City Human Rights Law. Plaintiff – a former Legislative Director and Budget Director for the office of…

Read More Asperger’s-Afflicted Plaintiff Defeats Summary Judgment in Disability Discrimination Case
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In Olivier v. County of Rockland et al, No. 15-CV-8337 (KMK), 2019 WL 2502349 (SDNY June 17, 2019), the court held that plaintiff presented sufficient evidence to overcome defendants’ motion for summary judgment. The court explained the legal standard applicable to the third (“pretext”) step of the three-step burden-shifting framework applicable to Title VII retaliation…

Read More Retaliation Claim Survives Summary Judgment; Court Cites (e.g.) Weaknesses and Inconsistencies in Defendants’ Proffered Non-Retaliatory Reasons
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In Shojae v. Harlem Hosp. Ctr. et al., 18-392-cv (Summary Order), the court, inter alia, vacated the dismissal of plaintiff’s discrimination claims. From the Order: As to Shojae’s timely NYCHRL discrimination claims with respect to certain adverse actions, it appears that Shojae provided at least some admissible evidence that she was treated “less well” based…

Read More Gender/Race/National Origin Discrimination Claims Continue Against Harlem Hospital Center
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In Moza v. NYC Health and Hospitals Corp., No. 17-1051-cv, 2019 WL 1594782 (2d Cir. April 15, 2019) (Summary Order), the Second Circuit vacated the lower court’s order granting summary judgment on plaintiff’s race/ethnicity/national origin discrimination claims. After the court summarized the 3-step McDonnell Douglas burden-shifting framework for analyzing discrimination claims (the so-called “pretext” approach),…

Read More Pretext Shown; Race Discrimination Case Resurrected From Summary Judgment
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