July 2020

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In Our Lady of Guadalupe School v. Morrissey-Berru, 2020 WL 3808420 (U.S. July 8, 2020), the U.S. Supreme Court expanded the so-called “ministerial exception” to employment discrimination claims. From the decision: In the cases now before us, we consider employment discrimination claims brought by two elementary school teachers at Catholic schools whose teaching responsibilities are…

Read More SCOTUS Expands “Ministerial Exception” to Employment Discrimination Claims
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In DeMuth v. United States Small Business Administration, 2020 WL 3721115 (2d Cir. July 7, 2020) (Summary Order), the Second Circuit affirmed the district court’s dismissal (on summary judgment) of plaintiff’s gender discrimination claim asserted under Title VII of the Civil Rights Act of 1964. The court concisely summarized the well-established legal framework for evaluating…

Read More 2d Circuit Affirms Dismissal of Title VII Gender Discrimination Claim; Pretext Not Shown
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In Sosa v. New York City Department of Education, 2020 WL 3721866 (2d Cir. July 7, 2020) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal (on summary judgment) of plaintiff’s hostile work environment claim. While plaintiff was able to muster some evidence of “offensive utterances,” the court – as have many others –…

Read More Hostile Work Environment Claim Dismissal Affirmed; “Mere Offensive Utterances” Insufficient
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In Zoll v. Northwell Health, Inc., 19-2716, 2020 WL 3493498 (2d Cir. June 29, 2020), the Second Circuit affirmed the district court’s dismissal, on summary judgment, of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff, who is white, asserted that she suffered two adverse actions on the…

Read More 2d Circuit Affirms Dismissal of White Plaintiff’s Title VII Race Discrimination Claim
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In Brown v. City of New York, 2020 NY Slip Op 03721 (App. Div. 1st Dept. July 2, 2020), the First Department unanimously affirmed the lower court’s Order granting defendant’s motion to dismiss plaintiff’s retaliation claim asserted under the New York City Human Rights Law. As with many retaliation cases, this decision turned on whether…

Read More First Department Affirms Dismissal of Retaliation Claim Against City of New York Under NYC Human Rights Law; Temporal Proximity Lacking
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In Lester v. Mount Pleasant Cottage School Union Free School District, 2020 WL 3618969 (SDNY July 2, 2020) (J. Karas), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate-disability claim asserted under the Americans with Disabilities Act. Applying the law to the facts, the court explained: Plaintiff alleges that he qualified as disabled…

Read More ADA Failure to Accommodate Claim Survives Dismissal
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In Mouscardy v Consolidated Edison Company of New York, No. 2018-14239, 4431/08, 2020 N.Y. Slip Op. 03656, 2020 WL 3551808 (N.Y.A.D. 2 Dept., July 01, 2020), the court, inter alia, held that an arbitrator’s determination that the employer had reasonable cause to terminate plaintiff’s employment did not collaterally estop plaintiff from proceeding with his claim of…

Read More NYC Human Rights Law Discrimination Claim Survives, Notwithstanding Union Arbitrator’s Finding of Reasonable Cause to Terminate Employment
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“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” These words comprise the Preamble to the U.S. Declaration of Independence, which (as articulated by the National Archives) “states the…

Read More July 4th, 2020: Happy 244th Birthday, America
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In Jarusauskaite v. Almod Diamonds, Ltd., No. 154732/2019, 2020 WL 3618936 (N.Y. Sup Ct, New York County June 26, 2020), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim against the entity defendant’s Board of Directors, based on the alleged harassment by an individual. From the decision: To sustain a hostile work environment…

Read More Gender-Based Hostile Work Environment Claim Dismissed Against Board of Directors
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Citing a recent amendment to New York’s “whistleblower law”, Labor Law 740, the court in Zhou v. Roswell Park Cancer Institute Corp. et al, 2020 WL 3574631 (W.D.N.Y. July 1, 2020), rejected defendants’ argument that plaintiff’s discriminatory termination claims were “waived” by assertion of a claim under that statute. From the decision: The Court recommends…

Read More Court Rejects Argument That Assertion of State Law Whistleblower Claim Waives Discriminatory Termination Claims
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