May 2020

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In Campbell v. Bottling Group, LLC, 2020 WL 2563100 (2d Cir. May 21, 2020) (Summary Order), the Second Circuit, inter alia, affirmed the district court’s dismissal (summary judgment) on plaintiff’s race-based hostile work environment claim. The court summarized the well-established black-letter law relating to hostile work environment claims: To establish a claim for hostile work…

Read More Race-Based Hostile Work Environment Claim Properly Dismissed; “Stink” Comment Insufficient
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In Matthew v. JPMorgan Chase Bank, N.A., 2020 WL 2523064 (EDNY May 18, 2020) (J. Mauskopf), the court, inter alia, dismissed plaintiff’s national origin-based hostile work environment claim. From the decision: [Plaintiff] Matthew has not alleged any facts supporting an inference that she was terminated because of her race or gender. Indeed, the only allegation…

Read More Accent-Based National Origin Hostile Work Environment Claim Dismissed Against JPMorgan Chase
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In Laface v. Eastern Suffolk BOCES, 2020 WL 2489774 (EDNY May 14, 2020) (J. Spatt), the court, inter alia, granted plaintiff leave to amend his complaint to supplement his retaliation claim under the Americans with Disabilities Act (ADA). The court outlined the relevant law: To succeed in an ADA retaliation claim, a plaintiff must prove…

Read More ADA Retaliation Claim May Be Supplemented in Amended Complaint
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In Laface v. Eastern Suffolk BOCES, 2020 WL 2489774 (EDNY May 14, 2020) (J. Spatt), the court, inter alia, held that plaintiff did not sufficiently allege that he suffered from a “disability” (here, a mold allergy0 within the meaning of the Americans with Disabilities Act (ADA). From the decision: Here, the Court denies the Plaintiff…

Read More Disability (Mold Allergy) Insufficiently Alleged; ADA Amendment Denied
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In Zabar v. New York City Department of Education, 2020 WL 2423450 (S.D.N.Y. May 12, 2020) (J. Gardephe), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim asserted under the Americans with Disabilities Act (ADA). From the decision: Plaintiff claims that she engaged in protected activity in the summer of 2016, when…

Read More NYC Teacher’s ADA Retaliation Claim Survives Dismissal
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In Taylor v. Dollar Tree Stores, 2020 WL 2478663 (EDNY May 13, 2020), the court, inter alia, dismissed plaintiff’s race- and national origin-based hostile work environment claims. From the decision: Taylor’s allegations about his co-workers, including that they verbally abused him cannot be the basis of a hostile work environment claim, because there is an…

Read More Race/National Origin-Based Hostile Work Environment Claims Dismissed Against Dollar Tree Stores
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In Golston-Green v. City of New York, et al., No. 2016-02462, 28117/09, 2020 N.Y. Slip Op. 02768, 2020 WL 2462411 (N.Y.A.D. 2 Dept., May 13, 2020), the court, inter alia, dismissed plaintiff’s claim of discrimination under the New York City Human Rights Law. This decision is instructive as to the differences between the New York State Human…

Read More Court Clarifies Standard for “Adverse Employment Action” Under the NYC Human Rights Law
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In Golston-Green v. City of New York, et al., No. 2016-02462, 28117/09, 2020 N.Y. Slip Op. 02768, 2020 WL 2462411 (N.Y.A.D. 2 Dept., May 13, 2020), the court, inter alia, held that summary judgment should not have been granted to defendants on plaintiff’s claim of gender-based hostile work environment under the NYC Human Rights Law.…

Read More Gender-Based Hostile Work Environment Survives Summary Judgment Under the NYCHRL Against NYC
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In Small v. Cuer, 2020 WL 2215585 (2d Cir. May 7, 2020) (Summary Order), a sexual harassment case, the U.S. Court of Appeals for the Second Circuit affirmed a lower court ruling that, inter alia, largely upheld a substantial jury award in plaintiff’s favor for emotional distress and punitive damages. The jury had awarded $1.55…

Read More 2d Circuit Upholds Substantial Emotional Distress and Punitive Damages Awards in Sexual Harassment Case
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In McElroy v. Mercer Health & Benefits LLC, No. 153735/2018, 2020 WL 2066336, 2020 N.Y. Slip Op. 31083(U) (N.Y. Sup Ct, New York County Apr. 29, 2020), an employment discrimination case, the court granted plaintiff’s motion to amend the complaint to add an additional plaintiff who has alleged similar employment discrimination causes of action against…

Read More Employment Discrimination Plaintiff May Amend Complaint to Add Additional Plaintiff
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