2018

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In Amaya v. Ballyshear LLC et al, 17-cv-1596, 2018 WL 1319003 (EDNY March 14, 2018), the court held, inter alia, that plaintiff (an Ecuadorian woman amd member of the Hispanic race) sufficiently alleged a race-based hostile work environment claim based on anti-Hispanic epithets. The court explained: [T]o survive a motion to dismiss, “a plaintiff need…

Read More Hostile Work Environment Claim Stated Under 42 U.S.C. § 1981 Based on Racial Epithets
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In Annelise Osborne, Plaintiff, v. Moody’s Investors Service, Inc. and Nick Levidy in his official and individual capacities, Defendants, 17-cv-01859, 2018 WL 1441392 (S.D.N.Y. March 22, 2018), the court dismissed plaintiff’s hostile work environment claims under federal and state law, but permitted those claims to proceed under the New York City Human Rights Law. The…

Read More Hostile Work Environment Claim Against Moody’s Survives Under City Law, But Not Federal and State Law
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In Shaw v. McDonald, 17-1122, 2018 WL 1357382 (2d Cir. March 16, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of the plaintiff’s religious discrimination (disparate treatment) claim. The court gives us a refresher on the legal standard for pleading a discrimination under Title VII of the Civil Rights Act of 1964, including…

Read More Religious Discrimination Claim Dismissed; Remarks Held Not Probative
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In Cook v. Emblem Health Services Co., LLC,2018 NY Slip Op 30460(U), 2018 WL 1399351 (N.Y.Sup. Ct. March 16, 2018), the court, inter alia, dismissed plaintiff’s race discrimination claim. In reaching this conclusion, it addressed the use of so-called “racially coded” language – i.e., language that is facially benign but that may actually have a…

Read More Race Discrimination Claim Dismissed Against Emblem Health, Notwithstanding Alleged Use of “Racially Coded” Language
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In Khaleel v. Heightened Security SVC Inc., 15-cv-1387, 2018 WL 1353266 (SDNY March 15, 2018), the court granted summary for defendant on plaintiff’s various claims, including for hostile work environment/sexual harassment, religious discrimination (failure to accommodate), and retaliation. In this blog post, I’ll discuss the court’s evaluation of plaintiff’s religious discrimination/failure to accommodate claim. The law,…

Read More Court Explains Dismissal of Religious Discrimination / Failure to Accommodate Claim
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From D’Antonio v. Little Flower Children & Family Services of New York et al, 17-cv-1221, 2018 WL 1385897 (E.D.N.Y. March 19, 2018): This Court is persuaded by Judge Lynch’s reasoning in Collette, and based on the facts presented in this case, holds that Plaintiff’s hostile work environment and retaliation claims under Title VII and Section…

Read More NY Whistleblower Law’s Election-of-Remedies Provision Does Not Preclude Hostile Work Environment and Retaliation Claims, Court Holds
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In Jones v. Target Corporation, 15-CV-4672, 2018 WL 1377301 (EDNY March 16, 2018), the court, inter alia, dismissed plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. In sum, defendant terminated plaintiff for violating its drug-free workplace policy after marijuana was found in the employee locker room. According to her, the marijuana was…

Read More Court Dismisses Retaliation Claim Against Target; “Cat’s Paw” Theory Inapplicable
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In Anderson v. AlClear LLC, 18-cv-1525, 2018 WL 1318994 (EDNY March 14, 2018) (J. Cogan), the court dismissed plaintiff’s employment discrimination claims alleged under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. Plaintiff, proceeding pro se, alleged (as summarized by the court) that management in the company was…

Read More Employment Discrimination Claims Insufficiently Alleged Against AlClear LLC
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Below is the lawsuit, captioned Bickram v. M.A.C. Cosmetics Inc., 18-cv-2279 (SDNY March 15, 2018), recently filed in federal court against M.A.C. Cosmetics.[1]Unless otherwise noted, Pospis Law, PLLC does not represent the party in any filing referenced on this blog, including this one. The case has been assigned to Judge Paul Gardephe.  [+] References ↩1 Unless…

Read More Sexual Harassment Lawsuit Against M.A.C. Cosmetics Inc.
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In Chauca v. Abraham, 2018 WL 1352351 (2d Cir. March 16, 2018), the U.S. Court of Appeals for the Second Circuit held that the district court erred in declining to submit the question of punitive damages to the jury under the New York City Human Rights Law. In a prior opinion,[1]Chauca v. Abraham, 841 F.3d…

Read More 2d Circuit: Lower Court Mistakenly Applied Higher Standard for Punitive Damages Under the NYC Human Rights Law
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