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Employment Discrimination

From Le v. New York State, No. 1:16-CV-1517, 2017 WL 3084414, at *6 (N.D.N.Y. July 18, 2017): First, to the extent Le alleges the OSC is liable under Title VII for certain comments and actions that plaintiff’s coworkers undertook because they “perceiv [ed]” her to Muslim, those claims must be dismissed. See, e.g., Lewis v. […]

In Bull v. Metro. Jewish Health Sys., Inc., No. 18128/12, 2017 WL 3045858 (N.Y. App. Div. 2d Dept. July 19, 2017), the Appellate Division held that the lower court should have dismissed plaintiff’s claims of age and disability discrimination. Plaintiff alleged, inter alia, “that the defendant discriminated against her on the basis of her age […]

In McLeod v. The Jewish Guild for the Blind, No. 15-2898-CV, 2017 WL 3049541 (2d Cir. July 19, 2017) (Summary Order), the Second Circuit vacated a lower court’s award of summary judgment to defendant employer on plaintiff’s sexual harassment hostile work environment claim. Among other things, the court reiterated that it is improper for a […]

From McLeod v. Jewish Guild for the Blind, No. 15-2898-CV, 2017 WL 3044626 (2d Cir. July 19, 2017): Here, had the district court considered McLeod’s handwritten factual allegations alone, it would have been required to construe McLeod as having asserted claims under the NYSHRL and NYCHRL.1 McLeod’s allegations clearly suggest claims under the NYSHRL and NYCHRL, […]

In Kleinman v. Fashion Institute of Technology, No. 16 CIV. 4348 (KPF), 2017 WL 3016940 (S.D.N.Y. July 14, 2017) (J. Failla), the court, inter alia, dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act. Initially, the court noted that while the “Second Circuit has not yet decided whether a hostile work environment […]

In Vaughn v. Empire City Casino at Yonkers Raceway et al, No. 14-CV-10297 (KMK), 2017 WL 3017503 (S.D.N.Y. July 14, 2017), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s claim that he was subjected to discrimination – by being terminated and suspended – because of his race, in violation of Title VII […]

In Fratello v. Archdiocese of New York, St. Anthony’s Shrine Church, and St. Anthony’s School, No. 16-1271, 2017 WL 2989706 (2d Cir. July 14, 2017), the Second Circuit affirmed the dismissal of the Title VII gender discrimination and retaliation claims brought by plaintiff, a former Roman Catholic school principal, under the “ministerial exception”. The Second Circuit, addressing […]

In Falcon v. City University of New York, 15-cv-3421, 2017 WL 2982980, (E.D.N.Y. July 10, 2017), the court held that plaintiff sufficiently alleged a claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged sufficient facts to survive 12(b)(6) scrutiny regarding retaliation against her internal complaint […]

In Dineley v. Coach, Inc., No. 16-cv-3197 (DLC), 2017 WL 2963499 (S.D.N.Y. July 11, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim based on her disability (alcoholism). Initially, the court noted that while the Second Circuit has not yet decided whether the Americans with Disabilities Act (ADA) provides […]

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 […]