Today, myself and my colleague, Patrick DeLince (and co-counsel) survived summary judgment on behalf of our client in her pregnancy discrimination action pending in federal court in the District Court in the Southern District of New York (the SDNY). Defendants are the NYC Department of Education (DOE) and the principal and vice principal of the school where our client taught as a substitute teacher…. until she got pregnant.
Based on the Court’s Opinion and Order issued today, we survive on the Title VII pregnancy discrimination claim against DOE, and the New York City Human Rights Law (NYCHRL) pregnancy discrimination claims against both individually named defendants. All of these claims are scheduled to go to trial for a jury to determine.
I’ve attached the Court’s Opinion & Order. 2.21.18 Opinion & Order re Defs’ msj It contains an in-depth discussion regarding the admissibility of statements made by defendants constituting direct evidence of discriminatory intent. The Court (correctly) found our client didn’t need corroboration evidence (beyond her own testimony) as to these statements.
The Court also found that our client’s NYCHRL claims were not time-barred because the statute of limitation (SOL) was tolled while her claims were pending (for years) before the EEOC.
Our client was an exemplary teacher and is a wonderful person. On a personal note, it feels good to get this measure of vindication for what happened to her. This decision is of help to fellow employment lawyers who fight the good fight for employees daily, who have been discriminated against in the workplace.
If you know of anyone who has experienced this kind of discrimination and who needs a tenacious attorney, who will go the distance and fight for them, please feel free to put them in touch with me.