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Case No. ADJ10170331

Regular

Sep 23, 2019

ROBIN WITHERS vs. ALLIED BARTON SECURITY SERVICES, ARCH INSURANCE COMPANY

This case concerns Robin Withers' petition for reconsideration of a workers' compensation ruling denying her claim for psychiatric injury. The administrative law judge found that Withers sustained industrial injury in the form of headaches but not to her psyche. Withers argued she proved a work-related psychiatric injury, citing symptoms that predated significant non-industrial stressors. However, the evidence, including expert opinion, indicated that non-industrial stressors were the predominant cause of her psychiatric condition. Therefore, the petition for reconsideration was denied.

Workers Compensation Appeals BoardADJ10170331Findings of FactPetition for ReconsiderationWCJpsychiatric injuryPQMEpredominant causenon-industrial stressorssexual harassment

References

Case No. ADJ7432459, ADJ7432589

Regular

Jun 25, 2013

COLLETT WITHERS vs. MACY'S, MACY'S WEST, INC.

The Workers' Compensation Appeals Board (WCAB) granted the Petition for Removal, rescinded the Administrative Law Judge's (ALJ) May 7, 2013 order setting the case for trial, and took the matter off calendar. This action returns the case to the ALJ for further proceedings. The WCAB adopted the ALJ's report as the basis for its decision.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJMarina del Rey District OfficeGranting PetitionRescinded OrderTaken Off CalendarFurther ProceedingsAdministrative Law Judge

References

Case No. MISSING

Regular Panel Decision

Mar 26, 2015

Campbell v. New York City Transit Authority

Plaintiff Collette Campbell sued the New York City Transit Authority alleging gender, age, and disability discrimination, failure to accommodate, retaliation, and hostile work environment under federal civil rights acts. Her claims arose from workplace incidents in 2009, including an altercation with a subordinate leading to disciplinary actions and a later charge for chronic absenteeism. Campbell also contended her subsequent retirement was a constructive discharge due to an intolerable work environment. The court granted the Defendant's motion for summary judgment on all claims, finding Campbell failed to present sufficient evidence to establish a prima facie case for discrimination, retaliation, hostile work environment, or constructive discharge.

Gender DiscriminationAge DiscriminationDisability DiscriminationRetaliationHostile Work EnvironmentSummary JudgmentConstructive DischargeEmployment LawWorkers' CompensationTransit Authority

References

121

Case No. MISSING

Regular Panel Decision

Henry v. NYC Health & Hospital Corp.

Plaintiff Collette Henry, an African-American woman, sued her employer, New York City Health & Hospital Corporation (HHC), and supervisors Arena and Boylan, alleging race and gender discrimination and retaliation under Title VII, § 1981, NYSHRL, and NYCHRL. Henry claimed Arena made racially charged remarks, mocked her appearance, and subjected her to adverse employment actions after she complained. The defendants moved to dismiss the Amended Complaint. The Court granted the motion to dismiss the federal and state discrimination and retaliation claims, finding Henry failed to plausibly allege an adverse employment action or discriminatory intent. The Court declined to exercise supplemental jurisdiction over her city-law NYCHRL claims.

Employment DiscriminationRacial DiscriminationGender DiscriminationRetaliationTitle VIISection 1981NYSHRLNYCHRLMotion to DismissAdverse Employment Action

References

Case No. MISSING

Regular Panel Decision

Scott v. City of New York Department of Correction

Plaintiff Collette J. Scott sued Norman Seabrook, the Corrections Officers’ Benevolent Association of the City of New York (COBA), and the City of New York Department of Corrections (DOC), alleging sexual assault, hostile work environment, and retaliation under Title VII and state law. Defendants moved for summary judgment on all claims. Magistrate Judge Gabriel W. Gorenstein recommended granting summary judgment for all defendants on retaliation claims and for DOC on hostile work environment, but denying it for the Seabrook defendants on the hostile work environment claim. District Judge Sidney H. Stein adopted this recommendation in its entirety after de novo review. The Court dismissed all claims against DOC and retaliation claims against Seabrook defendants but denied summary judgment for Seabrook defendants on the hostile work environment claim.

Sexual HarassmentHostile Work EnvironmentRetaliationSummary JudgmentTitle VIILabor Union LiabilitySex DiscriminationCorrectional OfficersMagistrate Judge RecommendationFederal Rules of Civil Procedure 56

References

Case No. MISSING

Regular Panel Decision

Fernandez v. CITY OF POUGHKEEPSIE, NY

Five Poughkeepsie police officers sued the City of Poughkeepsie and its Mayor, Collette LaFuente, under 42 U.S.C. § 1983. They alleged violations of their First Amendment rights to petition and freedom of association, and their Fourteenth Amendment due process rights. The plaintiffs claimed they were wrongly denied the title of detective and associated salary increases despite performing detective duties for over eighteen months, contrary to New York Civil Service Law and their Collective Bargaining Agreement. The defendants filed a motion to dismiss the second amended complaint. The court granted the motion to dismiss the due process claims, finding adequate post-deprivation remedies available through CPLR Article 78 and the CBA. However, the court denied the motion to dismiss the First Amendment claims, concluding that the plaintiffs had sufficiently pleaded a connection between their protected conduct and alleged retaliatory actions by the defendants.

Freedom of AssociationRight to Petition GovernmentDue ProcessCivil Service LawPolice OfficersPoughkeepsieMunicipal LiabilityRetaliationFirst AmendmentFourteenth Amendment

References

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ROBIN WITHERS vs. ALLIED BARTON SECURITY SERVICES, ARCH INSURANCE COMPANY

Workers Compensation Appeals BoardADJ10170331Findings of FactPetition for ReconsiderationWCJpsychiatric injuryPQMEpredominant causenon-industrial stressorssexual harassment

COLLETT WITHERS vs. MACY'S, MACY'S WEST, INC.

Campbell v. New York City Transit Authority

Gender DiscriminationAge DiscriminationDisability DiscriminationRetaliationHostile Work EnvironmentSummary JudgmentConstructive DischargeEmployment LawWorkers' CompensationTransit Authority

Henry v. NYC Health & Hospital Corp.

Employment DiscriminationRacial DiscriminationGender DiscriminationRetaliationTitle VIISection 1981NYSHRLNYCHRLMotion to DismissAdverse Employment Action

Scott v. City of New York Department of Correction

Fernandez v. CITY OF POUGHKEEPSIE, NY

Freedom of AssociationRight to Petition GovernmentDue ProcessCivil Service LawPolice OfficersPoughkeepsieMunicipal LiabilityRetaliationFirst AmendmentFourteenth Amendment