2019

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In Hindi and Aljader v. The Port Authority of New York and New Jersey, 14-cv-8984, 2019 WL 2325969 (SDNY May 30, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiffs’ religion- and national origin-based hostile work environment claims. Plaintiffs’ allegations included having a picture of one’s face superimposed onto a picture…

Read More Hostile Work Environment Claim Dismissed; “Al-Qaeda” and Other Remarks Not “Severe” or “Pervasive”
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Today the Supreme Court, in an opinion delivered by Justice Ginsburg, Ford Bend County, Texas v. Davis, No. 18-525, held that the EEOC charge-filing requirement, embodied in Title VII of the Civil Rights Act of 1964, is not “jurisdictional” (and thus does not relate to subject matter jurisdiction), but is rather a “claim-processing rul[] that…

Read More SCOTUS Holds That Title VII’s EEOC Charge-Filing Requirement is Not “Jurisdictional”
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In Fletcher v. ABM Building Value, 2019 WL 2288327 (2d May 29, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims. Plaintiff alleged, inter alia, that her direct supervisor and two other supervisors “made comments motivated by her race, gender, and sex, including calling her a ‘bitch’…

Read More Hostile Work Environment Claim Dismissal Affirmed; Alleged Insults Insufficiently “Severe or Pervasive”
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In Miller v. City of New York, 18-1607-cv (2d Cir. May 28, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiffs’ class action lawsuit alleging violations of the Equal Pay Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiffs, who are predominantly female school crossing guards…

Read More 2d Circuit Affirms Dismissal of Sex Discrimination Case, Citing Differences of Jobs Held By Alleged Male Comparators
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In Barton v. Unity Health System, 2019 WL 2261446 (2d Cir. May 28, 2019) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim. On that point, the court explained: [W]e agree with the District Court that Barton has not established a prima facie case of race-based discrimination because she has not…

Read More Supervisor’s Conduct, Even if Motivated by Race, Held Insufficient to Support Race Discrimination Claim
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In Tsismentzoglou v. Milos Estiatorio Inc., 18-cv-9664, 2019 WL 2287902 (SDNY May 29, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination claim under the Age Discrimination in Employment Act of 1967 (ADEA). From the decision: Plaintiff has not shown circumstances giving rise to even a minimal inference of discrimination, however, Tsismentzoglou does not provide…

Read More Age Discrimination Claim Dismissed; Court Finds “Young Man’s Game” Comment To Be a “Stray Remark”
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In Williams v. County of Nassau et al, 15-cv-7098, 2019 WL 2270518 (E.D.N.Y. May 28, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim. Included among the evidence presented by plaintiff were “etchings” of the letters “KKK” and a half-finished swastika; “jokes” about the KKK standing…

Read More Hostile Work Environment Claim Dismissed; Presence of KKK, Swastika Etchings Insufficient
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The New York State legislature is in the process of reviewing/amending the New York State Human Rights Law regarding sexual harassment. The bill(s) under consideration are S3817A / A7083A. Currently, victims of sexual harassment in New York City enjoy protection under three statutes: Title VII of the Civil Rights Act of 1964 (federal law), the…

Read More Proposed Changes to New York State’s Sexual Harassment Law
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In Kasperek v. New York State Department of Corrections and Community Supervision, 16-cv-00671, 2019 WL 2240391 (W.D.N.Y. May 24, 2019), the court denied defendant’s motion to dismiss plaintiff’s claim of gender discrimination. From the decision: Plaintiff has adequately alleged a claim for sex discrimination. The amended complaint contains several allegations relevant to an adverse employment…

Read More Sex Discrimination Claim Plausibly Alleged
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In Doyle v. Temco Serv. Indus., Inc., 2019 NY Slip Op 03919 (App. Div. 1st Dept. May 21, 2019), the court held that defendant was entitled to discovery of plaintiff’s social media accounts – albeit not to the extent that defendant demanded. From the decision: Private social media information can be discoverable to the extent…

Read More Social Media, Passport Discovery Ordered in Personal Injury Case
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