October 2019

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In Berges v Bodner, No. 153658/2019, 2019 WL 4643770, 2019 N.Y. Slip Op. 32825(U) (N.Y. Sup Ct, New York County Sep. 24, 2019), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination complaint. From the decision: The only element that the parties seriously dispute is … whether her termination occurred under circumstances…

Read More Employment Discrimination Complaint Proceeds; Replacement Shortly After Termination Creates (Weak) Inference of Discrimination
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In Mercedes v. New York City Department of Education, 2019 WL 4926968 (2d Cir. 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s gender discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. With respect to the gender discrimination claim, after summarizing the relevant law, applied…

Read More Gender Discrimination Dismissal Affirmed; Court Cites Lack of Discriminatory Comments and Equivalent Treatment to Males
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Today, the U.S. Supreme Court heard oral argument (transcript; audio) in the matters of Bostock v. Clayton County, Georgia (No. 17-1618) and Altitude Express v. Zarda (No. 17-1623). The issue is whether Title VII of the Civil Rights Act of 1964’s prohibition of discrimination because of “sex” likewise prohibits discrimination based on sexual orientation. Justice…

Read More SCOTUS Hears Argument in Landmark Title VII Sexual Orientation Discrimination Case
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In Williams v. Service Tire Truck Ctr., 2019 WL 4894106 (NDNY Oct. 4, 2019), the court reviewed a Magistrate Judge’s findings with respect to plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. This decision illustrates, inter alia, how claims of race discrimination may – under certain circumstances – arise…

Read More Title VII Race Discrimination Claims Proceed; African American Man Subject to Terms His Caucasian Co-workers Were Not
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Here is the recent lawsuit, captioned Graham Chase Robinson v. Robert De Niro and Canal Productions, Inc., SDNY, 19-cv-09156 (filed October 3, 2019), in which the plaintiff – a former executive assistant to Robert De Niro – asserts claims of gender discrimination and wage/hour violations against the legendary actor and what the complaint characterizes as…

Read More Gender Discrimination & Wage Violation Lawsuit Against Robert De Niro
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In Hooper v. PetSmart, Inc. et al, 2019 WL 4888651 (EDNY Sept. 30, 2019), the court denied plaintiff’s motion to amend an age discrimination claim under the Age Discrimination in Employment Act of 1967 (ADEA). The court held that plaintiff’s ADEA claim had three flaws; its discussion of each succinctly highlights important features of the…

Read More ADEA Claim Insufficiently Alleged Against PetSmart; Motion to Amend Deniedismissed Against PetSmart
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In Wallace v. Dr. Mark T. Esper, Secretary, Department of the Army, 18-cv-6525, 2019 WL 4805813 (S.D.N.Y. Sept. 30, 2019), the court, niter alia, held that plaintiff sufficiently alleged a claim of gender discrimination, in violation of Title VII of the Civil Rights Act of 1964. The court summarized the elements of such a claim:…

Read More Gender Discrimination Claim Sufficiently Alleged; Allegations Included Reassignment to Less-Experienced Male Colleague
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In Murphy v. City of Newburgh, 2019 WL 4855691 (2d Cir. Oct. 2, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. While plaintiff did complain of certain treatment, her complaints did not amount to legally-actionable “protected activity.” The court…

Read More 2d Circuit Affirms Dismissal of Title VII Retaliation Claim; Disconnect From Gender Means No “Protected Activity”
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In Olaechea v. City of New York et al, 17-CV-4797, 2019 WL 4805846 (S.D.N.Y. Sept. 30, 2019), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. As to…

Read More Hostile Work Environment Claim Dismissed; Romantic Rumors Insufficient
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