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Just when landlords and their insurers thought that their obligations couldn’t get broader, the Second Circuit Court of Appeals ruled the federal Fair Housing Act’s anti-discrimination requirement extends to every part of the housing relationship, including discrimination by another tenant (not by the landlord) that occurs after the sale or rental transaction is completed. Francis v. Kings Park Manor, Inc., 15-cv-1823 (2d Cir. Mar. 4, 2019). Plaintiff (an African-American male) was subjected to a hostile…
Joining New York City, Albany County, and Westchester County, Suffolk County has become the latest jurisdiction in New York to pass a bill that prevents employers from inquiring into the salary and benefits history of job applicants. Designed to establish pay equality and to “break the cycle of wage discrimination,” the Restricting Information on Salaries and Earnings Act, or RISE Act, would prohibit any employer in Suffolk County from requesting or seeking the wage history…
Claiming that frequent restroom breaks were required by a pregnancy-related medical condition, a former employee’s claims were allowed to proceed under the Americans with Disability Act, but not Title VII.  In Wadley v. Kiddie Academy International, Inc., plaintiff alleged that the employer discriminated against her because of a pregnancy-related disability by discharging her for leaving a classroom “out of ratio” when she left to use the restroom.  Upon learning of her pregnancy, the worker advised…
Pregnancy discrimination can arise from an employer’s effort to “protect” a pregnant worker from harm, just as it can from other adverse actions.  In Cameron v. NYC Dept. of Educ., 15-cv-9900 (S.D.N.Y), it was alleged that plaintiff no longer received teaching assignments after her pregnancy became visible and known.  According to plaintiff, the principal told her she was not contacted for substitute work because the school wanted to avoid liability in the event she became…
In a divided en banc opinion, the Second Circuit Court of Appeals ruled that sexual orientation discrimination is covered by Title VII’s ban on gender discrimination.   Deepening a Circuit split within the U.S. Courts of Appeals, the Second Circuit adopted the reasoning of the Seventh Circuit in Hively v. Ivy Tech Cmty. College of Ind., 853 F.3d 339 (7th Cir. 2017) (en banc), and held that Title VII’s prohibition against sex discrimination is sufficiently broad…
Proving that non-economic damages and perhaps attorney’s fees are driving forces in litigation, constructive discharge clams were asserted and survived summary judgment in a federal district court action in Oregon. The Court’s ruling permitted a plaintiff’s retaliation claim to survive summary judgment even though the employer rescinded the termination and rehired plaintiff within 24 hours after termination.  (Aichele v. Blue Elephant Holdings, LLC dba Human Collective II, November 13, 2017).  Denying the dismissal motion, the…
Finding not a “scintilla” of evidence to support claims of minimum wage violations, a New York federal district court in Yu Sen Chen et al v. MG Wholesale Distribution Inc. et al, 16-cv-04439 (E.D.N.Y.) dismissed a proposed collective action (and refused to exercise supplemental jurisdiction of the corresponding state law claims).  In doing so, the district court relied on simple arithmetic and the plaintiff’s own admissions.  Basis of Complaint After spending more than a decade…
In a mixed ruling, a California state court judge in Villegas v. Six Flags Entertainment Corp., Case No. BC505344, issued a decision last week denying certification of eight subclasses of amusement park workers, but indicating she would consider certification of several others pending further briefing.  Basis of Complaint In 2013, a group of four plaintiffs filed suit in Los Angeles Superior Court seeking to represent a class of current and former Six Flags Magic Mountain…
In a decision of apparent first impression in New York, an appellate court has ruled that the sexual jealousy of an employer’s spouse may be considered gender discrimination under New York State and New York City law (Edwards v. Nicolai).  In this case, the husband and wife were co-owners of a chiropractic office.  The practice hired a female massage therapist and yoga instructor.  The husband was her direct supervisor.  The complaint alleged that during the…
According to one federal court judge, a transgendered former employee can proceed with an employment discrimination case under the American With Disabilities Act (“ADA”) alleging that she was mistreated and fired based on her gender-identity-related disability. Blatt v. Cabela’s Retail, Inc., No. 5:14-cv-04822 (E.D. Pa. May 18, 2017). While courts have recognized federal protections for transgendered individuals under theories that the person did not conform to gender stereotypes or under a typical sex discrimination analysis,…