January 2020

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In Bermudez v. Bon Secours Charity Health System and Theresa Krell, 2020 WL 104992 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual harassment and retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Here I’ll discuss the court’s…

Read More Retaliation Claims, Based on Hostile Work Environment Following Rejection of Sexual Advances, Dismissed (With Leave to Amend)
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In Bermudez v. Bon Secours Charity Health System and Theresa Krell, 2020 WL 104992 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual harassment (hostile work environment) claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In this…

Read More Sexual Harassment Allegations May Proceed, For Now, Under the Continuing Violations Doctrine
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In Raji v. SG Americas Securities, LLC, No. 154174/2019, 2020 WL 94806 (N.Y. Sup Ct, New York County Jan. 08, 2020), the court dismissed plaintiff’s sexual orientation discrimination claims asserted under the New York State and City Human Rights Laws. Initially, plaintiff sued in federal court. The case was dismissed on October 25, 2018. Plaintiff…

Read More Sexual Orientation Discrimination Claim Dismissed as Untimely, Notwithstanding CPLR 205(a)
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In Holmes v. YMCA of Yonkers, Inc., 19 CV 620 (VB), 2020 WL 85389 (SDNY Jan. 7, 2020), the court held, inter alia, that plaintiff sufficiently alleged employment discrimination based on gender (under Title VII of the Civil Rights Act of 1964) and age (under the Age Discrimination in Employment Act). The court summarized the…

Read More Title VII and ADEA Discrimination Claims Sufficiently Alleged; Complaint, While “Sparse”, Held Sufficient
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In Wright v. Liao, No. 157161/2017, 2020 WL 41671 (N.Y. Sup Ct, New York County Jan. 03, 2020), the court discussed and addressed the issue of who is entitled to the protections of the New York State and City Human Rights Laws. Specifically, the court explained: In order to determine who is an employee under…

Read More Court Finds Issues of Fact as to Whether Plaintiff Was Protected by the New York State and City Human Rights Laws
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In Fleurentin v. New York City Health & Hospitals Corp. et al,  18-cv-05004, 2020 WL 42841 (E.D.N.Y. Jan. 3, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. In this case, in sum, plaintiff – a Haitian man – alleged that “over the course of a decade the defendants repeatedly discriminated against him…

Read More Hostile Work Environment Claim Dismissed; Santa Claus Role Denial (etc.) Insufficient
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In Adeniji v. U.S. Department of Commerce/Census Bureau-NY Regional Office/Hannah Zimmerman, 2019 WL 7067057 (S.D.N.Y. Dec. 23, 2019), the court dismissed plaintiff’s race discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. As to plaintiff’s discrimination claim, the court explained: To state an employment discrimination claim under Title VII,…

Read More Title VII Discrimination Claim Insufficiently Alleged, Court Holds
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In Camoia v. City of New York, 787 Fed.Appx. 55, 57 (2d Cir. Dec. 13, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s perceived-as disability claims under the Americans with Disabilities Act and the New York State and City Human Rights Laws. In sum, plaintiff – a NYPD trainee – alleges that defendant…

Read More 2d Circuit Affirms Dismissal of NYPD Trainee’s “Perceived As Disabled” Discrimination Claim
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In New York practice, “consolidation” is the mechanism for joining two or more actions into one. In Lopez v. Bendell, No. 156292/2017, 2019 WL 6216089 (N.Y. Sup Ct, New York County Nov. 18, 2019), the court, inter alia, denied defendant’s motion to consolidate two actions – one asserting discrimination based on race and national origin under…

Read More Consolidation of Discrimination and Wage Actions Denied
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In Saltzman v. Exlservice Holdings Inc., No. 154361/2019, 2019 WL 6843028 (N.Y. Sup Ct, New York County Dec. 11, 2019), the court denied defendants’ motion to compel arbitration of plaintiff’s gender discrimination and retaliation claims asserted under the New York City Human Rights Law. In sum, plaintiff asserts that defendants treated her worse than similarly-situated…

Read More Gender Discrimination and Retaliation Claims Not Subject to Arbitration Clause, Court Holds
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