July 2020

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In Santiago v. 1199 SEIU et al, 2020 WL 4350048 (E.D.N.Y. July 29, 2020), the court, inter alia, dismissed plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act (ADA). Plaintiff asserted – albeit, according to the court, non-specifically – that he was subjected to discrimination because of his alchoholism. From the decision: Although…

Read More Alcoholism-Related ADA Disability Discrimination Claim Dismissed
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In Kilcullen v. The New York and Presbyterian Hosp., No. 650470/2015, 2020 WL 4048130 (N.Y. Sup Ct, New York County July 15, 2020), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s claims of retaliatory discharge in violation of New York’s whistleblower laws (Labor Law 740, 741), as well as constructive discharge. In…

Read More Whistleblower Claims Dismissed; Employer’s Refusal to Accept Resignation Retraction Not an “Adverse Employment Action”
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In Young v. Edwin Gould Services for Children and Families, 2020 WL 4287164 (EDNY July 27, 2020), the court dismissed plaintiff’s federal age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA) on statute-of-limitations grounds. Plaintiff alleged, inter alia, that plaintiff’s supervisor (his former trainee) disrespected and lied abut plaintiff to others, that…

Read More Untimely EEOC Filing Results in Dismissal of ADEA Age Discrimination Claim
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In Allen v. City of New York et al, 18-cv-9663, 2020 WL 4287361 (SDNY July 27, 2020), the court, inter alia, dismissed plaintiff’s complaint alleging a hostile work environment claim under Title VII of the Civil Rights Act of 1964 Initially, the court dismissed plaintiff’s complaint, and provided plaintiff with an opportunity to amend her…

Read More Hostile Work Environment Claim Dismissed; Single Remark Insufficiently “Severe”
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In Sotolongo v. The New York State Department of Motor Vehicles et al, 19-CV-3282, 2020 WL 4261194 (E.D.N.Y. July 24, 2020) (J. Garaufis), the court, inter alia, granted defendants’ motion to dismiss plaintiff claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. In this case, as in many others, plaintiff’s…

Read More Title VII Retaliation Claim Against NYS DMV Dismissed; Eight-Month Gap Defeats Causation
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On July 26, 1990, President George H.W. Bush signed the Americans with Disabilities Act into law. In sum, the ADA is a federal law, codified at 42 U.S.C. § 12101 et seq, that prohibits discrimination against individuals with disabilities in various areas, including in employment (Title I), public entities and public transportation (Title II), and…

Read More The Americans With Disabilities Act Turns 30
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In Farmer v. Shake Shack Enterprises, LLC et al, 2020 WL 4194860 (S.D.N.Y. July 21, 2020) (J. Engelmayer), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claims of hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. (Plaintiff did not…

Read More Pregnancy-Related Hostile Work Environment Claims Dismissed Against Shake Shack et al
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In Farmer v. Shake Shack Enterprises, LLC et al, 2020 WL 4194860 (S.D.N.Y. July 21, 2020) (J. Engelmayer), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of retaliation asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Retaliation Sufficiently Alleged Against Shake Shack et al
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In Farmer v. Shake Shack Enterprises, LLC et al, 2020 WL 4194860 (S.D.N.Y. July 21, 2020) (J. Engelmayer), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of pregnancy discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Gender/Pregnancy Discrimination Claims Proceed Against Shake Shack et al
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In Benedetto v. New York State Office of Children and Family Services, 2020 WL 4049945 (N.D.N.Y. July 20, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disparate treatment gender discrimination claim, on the ground that plaintiff did not suffer an “adverse employment action.” (The court also denied defendant’s motion to dismiss plaintiff’s…

Read More Discrimination Claim Dismissed; “Less Desirable Shifts” Did Not Constitute an “Adverse Employment Action”
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