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Articles Posted in Disparate Treatment

There is a saying in civil litigation that you only get one bite of the apple. In other words, you cannot attempt to re-litigate a claim merely because you received an unfavorable result. This tenet does not only apply to tort claims, but it also applies to employment discrimination claims, as discussed in a recent gender discrimination case decided by the Supreme Court, Appellate Division, First Department, New York. If you believe you suffered discrimination in the workplace due to your sex or gender, it is advisable to meet with a trusted New York sex discrimination attorney to discuss whether you may be able to assert a claim for damages.

Factual and Procedural History

It is reported that the plaintiff filed an employment discrimination claim against the defendant employer, alleging she faced disparate treatment due to her gender and race in violation of the New York City Human Rights Law (NYCHRL). The defendants filed a motion for summary judgment, arguing, in part, that the plaintiff could not re-litigate issues that were previously decided in a federal lawsuit arising out of the same alleged harm. The trial court granted the defendant’s motion, and plaintiff appealed.

Collateral Estoppel in the Realm of Employment Discrimination Cases

In affirming the trial court opinion, the appellate court stated that the trial court correctly ruled that collateral estoppel applied to any factual issues in the present action that were the same as the factual issues resolved by the federal court in dismissing plaintiff’s federal employment discrimination claims.

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Numerous laws protect New York employees from discrimination in the workplace due to their race or color. Employment discrimination can take many forms, including disparate treatment. In a recent case, the United States District Court for the Southern District of New York discussed what actions may constitute adverse treatment in a case in which the plaintiff alleged he was discriminated against based on his national origin, race, and color. If your employer took adverse action against you at work because of your race or color, you should speak with a seasoned capable New York employment discrimination attorney to discuss your rights.

Facts of the Case and Procedural Background

Allegedly, the plaintiff worked for the defendant city as a corrections officer. He sustained a shoulder injury while at work, after which he underwent shoulder surgery. He subsequently sought extended sick leave, which required him to obtain approval from the Health Management Division of the department of corrections. Thus, a physician was assigned to his case. The physician made fun of the plaintiff’s accent, made derogatory comments about the plaintiff’s color and race, and initially refused to perform an examination. He ultimately deemed the plaintiff able to work with a medically monitored restriction. The plaintiff complained to his supervisor and asked to be assigned a new doctor, but his request was denied.

It is reported that at subsequent appointments, the physician continued to be demeaning and told the plaintiff to go back to his own country. Additionally, as the physician would not designate the plaintiff as unable to work, the plaintiff was forced to take unauthorized sick days, after which he was disciplined, placed on probation, and forced to forfeit sick days. The plaintiff ultimately filed an employment discrimination lawsuit against the defendant, alleging multiple claims of discrimination under Title VII, including disparate treatment. The defendant filed a motion to dismiss alleging, in part, that the plaintiff had not properly alleged facts indicating an adverse action.

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