Lilly v. State of New York
First Department mostly denies dismissal of disability discrimination claims against state Assembly member as employer, but strikes aiding-and-abetting counts where he was the sole alleged discriminator.
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Employment Law
Uncategorized
Arizzo v. Ethicon, Inc.
The First Department reversed dismissal of employment discrimination claims, holding that the State and City HRL require liberal construction and a corporate parent may be liable as an ’employer’ under the integrated employer test.
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Matter of Rathour v. Whinnery
The Second Department affirmed denial of disability retirement benefits for a corrections officer, finding substantial evidence supported the Medical Board’s determination that the disability was caused by degenerative conditions rather than work-related injuries.
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Matter of Christian v. Department of Education of the City of New York
Appellate Division reverses, declaring teacher acquired tenure by estoppel when Department of Education failed to timely discontinue employment before expiration of extended probationary period.
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Faula v. Auxiliary of Elmhurst Hospital Center
Appellate Division affirms dismissal of employment discrimination claims, finding both defendants were improper parties under Russell v. NYU standard for individual liability.
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Cain v. North Country Community College
Appellate Division affirms denial of dismissal and summary judgment in employment discrimination case, finding triable issues on constructive discharge and joint employer status of correctional facility.