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2d Circuit Highlights The Difference Between Roles of Judge and Jury in Employment Discrimination Case

March 13, 2017

Over the years, courts have developed a sophisticated burden-shifting analysis and framework for evaluating employment discrimination and retaliation claims under the various anti-discrimination statutes, such as Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. A recent decision explains why a jury should not be […]

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Court Affirms Dismissal of Nigerian Plaintiff’s Failure-to-Promote Discrimination Claim

March 12, 2017

In Uwoghiren v. City of New York, 2017 NY Slip Op 01782 (App. Div. 1st Dept. March 9, 2017), the court affirmed the summary judgment dismissal of plaintiff’s claim that he suffered a discriminatory failure to promote due to his national origin. From the decision: Plaintiff established prima facie that he was passed over for promotion under […]

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2d Circuit Affirms Dismissal of Doctor’s Gender- and Religious-Based Discrimination Claims

March 11, 2017

In Meyer v. New York State Office of Mental Health (2d Cir. 16-1163-cv March 10, 2017) (summary order), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s gender and religious discrimination claims. As to plaintiff’s gender discrimination claim, the court explained: Even assuming arguendo that Meyer made a prima facie case of gender discrimination, […]

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2d Circuit Vacates Title VII Race Discrimination Claim Dismissal

March 10, 2017

In Carris v. First Student, Inc., 15-3350 (2d Cir. March 8, 2017) (summary order), the Second Circuit vacated the dismissal of plaintiff’s Title VII race discrimination claim. The law: To survive a motion to dismiss, a Title VII plaintiff does not have to plead a full prima facie case pursuant to the first stage of […]

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Age Discrimination Sufficiently Alleged Against Ad Company Adloox, Inc.

March 9, 2017

In Downey v. Adloox Inc., No. 16-CV-1689 (JMF), 2017 WL 816141 (S.D.N.Y. Feb. 28, 2017) (J. Furman), the court held that plaintiff – who was directly employed by a wholly-owned domestic subsidiary of a foreign company – sufficiently stated claims of age discrimination under the Age Discrimination in Employment Act and the New York State and […]

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State/City Human Rights Law Religion and National Origin Hostile Work Environment Claims Dismissed Against Marriott; Retaliation and Title VII Hostile Work Environment Claims Continue

March 8, 2017

In Rasmy v. Marriott Int’l, Inc., No. 16-CV-04865 (AJN), 2017 WL 773604 (S.D.N.Y. Feb. 24, 2017), the court discussed and applied the doctrines of election of remedies, administrative exhaustion, and mandatory arbitration in the context of defendant’s motion to dismiss the hostile work environment (religion, national origin) and retaliation claims asserted by plaintiff. Plaintiff, an Egyptian […]

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Disability (Cleft Lip and Palate) Discrimination Claims Dismissed; Retaliation Claims Survive Summary Judgment

March 7, 2017

In Paxton v. Fluor Enterprises, Inc., No. 15-cv-3737, 2017 WL 875856 (S.D.N.Y. Mar. 3, 2017) (J. Cote), the court granted defendant’s motion for summary judgment on plaintiff’s Americans with Disabilities Act and New York State Human Rights Law (NYSHRL) claims, as her medical condition – birth with a cleft lip and palate – was not […]

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Pregnancy Discrimination Lawsuit Against Nicole Miller

March 6, 2017

In a recently-filed complaint, captioned Simchi-Levi v. Kobra Int’l d/b/a Nicole Miller (NY Sup. Ct. NY Cty Index 152114/2017, filed Mafch 5, 2017), plaintiff asserts claims of pregnancy discrimination under the New York State and City Human Rights Laws, and a claim of failure to pay earned sick time under the New York City Earned […]

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Male Teacher/Assistant Principal’s Hostile Work Environment Claim Survives Summary Judgment

March 5, 2017

In Dash v. The Board of Education of the City School District of New York, No. 15-CV-2013, 2017 WL 838226 (E.D.N.Y. Mar. 3, 2017), the court held that the plaintiff – a male, African American assistant principal – presented enough facts to overcome defendant’s motion for summary judgment (in part), and permitted his hostile work environment […]

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Court Dismisses NYPD Nurse’s Same-Sex Hostile Work Environment Sexual Harassment Case

March 4, 2017

In Sanderson-Burgess v. City of New York, 2016 NY Slip Op 32007(U) (NY Sup. Ct. Qns. Cty. 700149/2011, Sept. 8, 2016) [Google Scholar version], the court granted defendants’ motion for summary judgment dismissing plaintiff’s various claims, including for hostile work environment sexual harassment, aiding and abetting, and retaliation.[1]Court records indicate that plaintiff has filed a Notice of […]

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