District Court Grants Summary Judgment Dismissing Claims Alleging Violations of Title VII of the Civil Rights Act of 1964, the AWDA and the NYSHR Law

On July 22, 2017, the Honorable Judge Nelson S. Roman, U.S.D.J., issued an Opinion & Order granting a motion for summary judgment brought by Keane & Beane, P.C. on behalf of Fortistar Capital, Inc., dismissing a complaint filed against Fortistar by a former employee. The employee had asserted claims for retaliation under Title VII of the Civil Rights Act of 1964, violation of the Americans with Disabilities Act (the “ADA”) and violations of the New York State Human Rights Law (“NYSHRL”). The Court determined that Plaintiff had failed to establish a valid claim under Title VII for retaliation based on Plaintiff’s reporting of allegedly pornographic material found in the workplace on the grounds that the reporting of the material was not protected activity. The Court also held that Plaintiff’s claim under ADA failed because she was not qualified to perform the essential functions of her job, with or without a reasonable accommodation, because she was unable to arrive on time and be present at work on a regular basis. Each of the federal claims were dismissed with prejudice and the remaining state law claims brought under the NYSHRL were dismissed based on lack of jurisdiction. Edward F. Beane and Eric L. Gordon defended the company for the firm. A copy of the Court’s Opinion & Order can be found below.