2019

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In Vuono v. Consolidated Edison of New York, Inc., 2019 WL 2433654 (S.D.N.Y. 2019), the court, inter alia, dismissed plaintiff’s disability discrimination claim, finding that allegedly “excessive” drug and alcohol tests did not qualify as adverse employment actions. From the decision: Requiring an employee to be tested pursuant to the On Call program does not…

Read More Drug Testing Was Not an “Adverse Employment Action”, Court Holds
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From MARIOS PANAYIOTOU, Plaintiff, v. N.Y.C. DEPARTMENT OF EDUCATION, Defendant., 2019 WL 2453438, at *5 (E.D.N.Y., 2019): As to the alleged national origin- and age-based animus, the incidents as described are not severe or pervasive enough to support a hostile work environment claim. Again, the plaintiff cites the principal’s instruction to “speak clearly” – an…

Read More National Origin- and Age-Based Hostile Work Environment Claims Dismissed
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In Alexander v. Program Development Services, Inc., 18-cv-1433, 2019 WL 2436436 (EDNY June 10, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision (paragraphing altered): Plaintiff’s hostile work environment claim based on Fiddler’s sexually explicit and profane conduct…

Read More “Vulgar” Conduct Not “Bad Enough” to Make Out Hostile Work Environment Sexual Harassment Claim
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In Reitman v Ronell, No. 157658/2018, 2019 WL 2413149, at *1–2 (N.Y. Sup Ct, New York County June 04, 2019) – in which plaintiff alleges, inter alia, claims for gender discrimination, quid pro quo sexual harassment, and hostile educational environment – the court considered and ruled on plaintiff’s motion for a protective order under CPLR…

Read More Court Discusses Use of Interrogatories in Sexual Harassment Case
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In Catalano v. Fox Tel. Stas., Inc., 2019 NY Slip Op 04463 (App. Div. 1st Dept. June 6, 2019), the Appellate Division, First Department affirmed the lower court’s dismissal on summary judgment of plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. This case is instructive on the nature and…

Read More Employer Met Obligation to Have “Interactive Dialogue” Relating to Reasonably Accommodating Plaintiff’s Disability, Court Finds
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In Pelepelin v The City of New York, No. 154246/2018, 2019 WL 2371880 (N.Y. Sup Ct, New York County June 04, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination claims, under the New York State and City Human Rights Laws, based on his age and national origin (Russian). It held that plaintiff failed to…

Read More Court Dismisses NYPD Plaintiff’s Age, National Origin Discrimination Claims
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In Soto v. Marist College, 2019 WL 2371713 (SDNY June 5, 2019), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. From the decision: Even liberally construed, the conduct alleged here, to the extent it demonstrates racial hostility at all, is “quintessentially episodic.” Harrison v. State Univ. of N.Y. Downstate Med. Ctr., No.…

Read More Hostile Work Environment Claim Dismissed; Alleged Racial Conduct Was “Episodic”
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In Preston v. Memorial Sloan Kettering Cancer Ctr., 2019 NY Slip Op 31493(U), Index No. 160325/2018 (NY Sup. Ct. NY Cty. May 29, 2019), the court dismissed plaintiffs’ race/color discrimination claims, asserted under the New York State and City Human Rights Laws, as time-barred, finding that the “continuing violations doctrine” did not apply. Plaintiffs alleged discrimination…

Read More Race Discrimination Claims Dismissed as Time-Barred; Continuing Violation Doctrine Held Inapplicable
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In Farkas v. River House Realty Co., Inc., 2019 NY Slip Op 04322 (App. Div. 1st Dept. June 4, 2019), the First Department affirmed the dismissal of plaintiff’s lawsuit alleging, inter alia, violation of the New York State and City Human Rights Laws and tortious interference with contract. The court summarized the allegations as follows:…

Read More Housing Discrimination Claim Dismissal Affirmed; Anti-French Motivation Not Shown
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In Lam v. New York City Department of Education, 18-cv-2756, 2019 WL 2327655, (S.D.N.Y. May 30, 2019), the court, inter alia, dismissed plaintiff’s Americans with Disabilities-based hostile work environment claim under Federal Rule of Civil Procedure 12(b)(6). In this case, plaintiff, a special education teacher, alleges that she suffers from anxiety, depression, degenerative spine or…

Read More Disability-Based Hostile Work Environment Claim Against NYCDOE Dismissed
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