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In Batiste v. The City University of New York, No. 16-CV-3358 (VEC), 2017 WL 2912525 (S.D.N.Y. July 7, 2017) (J. Caproni), the court dismissed plaintiff’s discrimination, hostile work environment, and retaliation claims. Among other things, it held that plaintiff failed to exhaust her administrative remedies in the U.S. Equal Employment Opportunity Commission (EEOC). “To present a […]

In McLane Co. v. E.E.O.C., No. 15-1248, 2017 WL 1199454 (U.S. Apr. 3, 2017), as revised (Apr. 3, 2017), the U.S. Supreme Court held that a district court’s decision to enforce or quash an EEOC subpoena should be reviewed for abuse of discretion, and not (as the Ninth Circuit held) de novo. The facts of the […]

In Green v. Jacob & Co. Watches, Inc., No. 15 CIV. 3611 (PAC), 2017 WL 1208596 (S.D.N.Y. Mar. 31, 2017), the court held, inter alia, that plaintiff – an African American man who held the title of Director of Security for Jacob & Co. – plausibly alleged discrimination, hostile work environment, and retaliation claims under federal, […]

The Southern District of New York’s recent decision in McCray v. Project Renewal, Inc., 15-cv-8494, 2017 WL 715010 (S.D.N.Y. Feb. 22, 2017) (Judge Caproni) serves as another reminder of the procedural hurdles that must be overcome in order to assert an employment discrimination claim in federal court. Plaintiff, proceeding pro se, sued his former employer, Defendant Project Renewal, […]

In Bell v. McRoberts Protective Agency, Inc., No. 15-CV-0963 (JPO), 2016 WL 7192083 (S.D.N.Y. Dec. 12, 2016), the court dismissed plaintiff’s federal, state, and city claims of religious, race, and sex discrimination under Federal Rule of Civil Procedure 12(b)(6). (This decision, which follows a prior dismissal of plaintiff’s claims, focuses on plaintiff’s amended complaint.) Initially, […]

In Casseus v. N.Y. Coll. of Health Professions, 15-cv-1914, 2016 WL 7029157 (E.D.N.Y. Nov. 10, 2016), report and recommendation adopted, 2016 WL 7017364 (E.D.N.Y. Dec. 1, 2016), the court dismissed plaintiff’s employment discrimination claims. Among other things, it held that plaintiff failed to exhaust her administrative remedies with respect to her gender discrimination and hostile […]

In Szwalla v. Time Warner Cable LLC, No. 15-3479, 2016 WL 7018340 (2d Cir. Dec. 1, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s hostile work environment/sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that two supervisors sexually harassed her […]

In Fisher v. Mermaid Manor Home for Adults, LLC, No. 14-CV-3461 (WFK)(JO), 2016 WL 3636021 (E.D.N.Y. June 29, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s race/national origin-based hostile work environment claim. Plaintiff sued after being apprised by co-workers of an Instagram post which “consisted of two photographs of Plaintiff contrasted with a […]

In Gomez v. New York City Police Dep’t, No. 15-CV-4036 (AJN), 2016 WL 3212108 (S.D.N.Y. June 7, 2016), the court dismissed plaintiff’s claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the NYS and NYC Human Rights Laws. Election of Remedies Initially, the court held that plaintiff’s decision […]

In addition to being difficult to prove, employment discrimination cases are riddled with procedural minefields. One wrong step, and boom: your case is over. A recent decision, Miller v. St. Luke’s Roosevelt Hosp. Ctr. d/b/a Mount Sinai Roosevelt Hosp., No. 15-cv-7019, 2016 WL 1275066 (S.D.N.Y. Apr. 1, 2016), illustrates that in the law, seemingly mundane […]