“Clever men may easily conceal their motivations.” Thus writes the Second Circuit in a recent case, Khanna v. MUFG Union Bank, N.A., 2019 WL 6127418 (2d Cir. Nov. 19, 2019) (Summary Order), in which the court vacated the district court’s dismissal – under Federal Rule of Civil Procedure 12(b)(6) – of plaintiff’s race and gender…
Read More 2d Circuit Revives Race/Gender Discrimination ClaimsIn Bonilla v. City of New York et al, 18-cv-12142, 2019 WL 6050757 (S.D.N.Y. Nov. 15, 2019), the court, inter alia, held that plaintiff sufficiently alleged race discrimination. Central to plaintiff’s claim was his being called “bobo” – which means “fool” in Spanish – several times. In reaching its conclusion, the court cited and applied…
Read More Race Discrimination Claim Stated; “Bobo” Slur CitedIn Thomas v. City of New York et al, No. 507887/2018, 2019 N.Y. Slip Op. 51822(U), 2019 WL 6041948 (Sup Ct, Nov. 01, 2019), the court, inter alia, held that the petitioner’s hostile work environment claim was timely under the “continuing violation doctrine.” Petitioner, a guidance counselor, alleged that she was subject to age discrimination…
Read More Hostile Work Environment Claim Against DOE Held Timely Under the “Continuing Violation Doctrine”In Baker v Revolt Media & TV, LLC, No. 152612/17, 2019 WL 4861967 (N.Y. Sup Ct, New York County Oct. 02, 2019), the court dismissed plaintiff’s race and age discrimination claims asserted under the New York State and City Human Rights Laws. Defendant asserted that plaintiff’s termination was due to the non-discriminatory reasons of “restructuring…
Read More Age/Race (“Reverse”) Employment Discrimination Claims DismissedIn Boger v. New York State Office of Parks, Recreation & Historic Preservation, 17-cv-289, 2019 WL 6038545 (N.D.N.Y. Nov. 14, 2019) – an age and discrimination case – the court, inter alia, precluded plaintiff from introducing so-called “me too” evidence from plaintiff’s co-workers who were also allegedly discriminated against. The court reasoned: Because Nagle and…
Read More Co-Worker Employment Discrimination Evidence Precluded as PrejudicialDepositions are a part of the pre-trial “discovery” stage of litigation, in which a witness is questioned under oath, while their testimony is transcribed by a court reporter. They often occur outside the presence of a judge. One issue that arises is the alleged “coaching” of a witness by their attorney. In a recent case,…
Read More Court Discusses Deposition Sanctions in Employment Discrimination CaseIn Crawford v. ExlService.com, LLC, 2019 WL 5887214 (SDNY Nov. 12, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s federal Equal Pay Act (29 U.S.C. § 206(d)) and New York State Equal Pay Act (N.Y. Labor Law § 194) claims. The court explained: As a threshold matter, the parties’ submissions reveal fact…
Read More Federal and NY State Equal Pay Act Claims Survive Summary Judgment; Jury to Decide Equivalence of Work FunctionsIn Crawford v. ExlService.com, LLC, 2019 WL 5887214 (SDNY Nov. 12, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claims 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. The court…
Read More Hostile Work Environment Claim Survives Summary Judgment Against ExlServiceIn Mira v. Harder, 2019 NY Slip Op 08131 (App. Div. 1st Dept. Nov. 12, 2019), the court affirmed the dismissal of plaintiff’s discrimination, retaliation, and “revenge porn” claims. First, the court held that plaintiff’s discrimination, hostile work environment, and retaliation claims – asserted under the New York State and City Human Rights Laws –…
Read More Discrimination, Hostile Work Environment, and Revenge Porn Claims DismissedThe U.S. Equal Employment Opportunity Commission reports that there has been an increase in the percentage of veterans who report having service-related disabilities, either those that were incurred in, or aggravated during, military service. Various laws protect veterans from discrimination in the workplace. These include: The Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §…
Read More Veterans’ Rights Under the Anti-Discrimination Laws