November 2020

by

In Ulinski v. Brotherhood of Railroad Signalmen Local 56, 2020 WL 6940994 (EDNY Nov. 24, 2020), the court, inter alia, dismissed plaintiff’s claim for age discrimination asserted under the Age Discrimination in Employment Act. The specific basis for dismissal was plaintiff’s failure to “exhaust his administrative remedies.” The court explained this obligation, and its relevance…

Read More Federal Age Discrimination Claim Dismissed Due to Failure to Exhaust Administrative Remedies
Share This:
by

In Chibuzor v. Dr. Steven Corwin et al, 2020 WL 6905304 (S.D.N.Y. Nov. 23, 2020), the court, inter alia, dismissed plaintiff’s sex-based discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the pertinent law, the court applied it to the facts: Here, Plaintiff fails to allege any facts suggesting…

Read More Sex Discrimination Claim Dismissed; Disagreement With Opposite-Sex Employee Not Enough
Share This:
by

In Altman v. Salem Media of N.Y., LLC, 2020 NY Slip Op 06697 (App. Div. 1st Dept. Nov. 17, 2020), a discrimination/sexual harassment case, the court unanimously affirmed the lower court’s decision granting defendants’ motion to compel arbitration. This case turns on the application of New York Civil Practice Law and Rules 7515, which (in…

Read More Arbitration Compelled in Sexual Harassment Case; Employment Agreement Predated CPLR 7515’s Enactment
Share This:
by

In Siena v. Primo Pizza 84 LLC et al, No. 705179/2016, 69 Misc. 3d 1215(A), 2020 N.Y. Slip Op. 51344(U), 2020 WL 6704163 (NY Sup. Ct., Queens Cty., Nov. 05, 2020), the court, inter alia, dismissed plaintiff’s national origin-based hostile work environment claim. After summarizing the “black letter” law in this area, the court applied…

Read More Hostile Work Environment Claim Dismissed; “Guido”, Wise Guy” Remarks & Accent Mocking Insufficient
Share This:
by

In Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo, Governor of New York, 592 U.S. ___, 2020 WL 6948354 (U.S. Nov. 25, 2020), the U.S. Supreme Court granted an emergency application for injunctive relief, enjoining Governor Cuomo from enforcing New York Executive Order 202.68‘s 10- and 25-person occupancy limits applicable to houses…

Read More SCOTUS Enjoins Governor Cuomo’s COVID Restrictions on Houses of Worship
Share This:
by

In Wolfe–Santos v NYS Gaming Commission, No. 12467, 160963/16, 2018-6103, 2020 N.Y. Slip Op. 06976, 2020 WL 6877365 (N.Y.A.D. 1 Dept., Nov. 24, 2020), the Appellate Division, First Department affirmed the dismissal of plaintiff’s disability discrimination claim under the New York City Human Rights Law. From the decision: The complaint fails to state a cause…

Read More Disability Discrimination Complaint Dismissal Against NYS Gaming Commission Affirmed
Share This:
by

In Kalia v. City University of New York, 2020 WL 6875173 (SDNY Nov. 23, 2020), the court, inter alia, dismissed plaintiff’s race- and national origin-based hostile work environment claim(s). The court provides the following (well-established) overview of the “black letter law” in this area: [F]or Kalia’s Title VII hostile work environment claim to survive, he…

Read More Hostile Work Environment Insufficiently Alleged; Negative Conduct
Share This:
by

In Banks v. General Motors, LLC, 2020 WL 6827707 (W.D.N.Y. Nov. 20, 2020), the court, inter alia, dismissed plaintiff’s race- and gender-based hostile work environment claims. “Plaintiff seeking to establish a Title VII hostile work environment claim must show that ‘the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or…

Read More Hostile Work Environment Claims Dismissed Against General Motors
Share This:
by

In Hand v. New York City Dept. of Correction, No. 160415/2019, 2020 WL 6746634 (N.Y. Sup Ct, New York County Nov. 16, 2020), the court, inter alia, dismissed plaintiff’s for gender and race discrimination under the New York State and City Human Rights Laws. From the decision: Here, a review of the complaint shows that…

Read More Gender/Race Discrimination Claims Insufficiently Alleged Against the NYC Dept. of Correction
Share This:
by

In Vega v. Department of Education, 2020 WL 6727803 (S.D.N.Y. Nov. 16, 2020), the court, inter alia, dismissed plaintiff’s retaliation claim. From the decision: Vega alleges that she was terminated in March 2019 in retaliation for filing her previous case, Vega I, in July 2018. Doc. 30 ¶ 20. To sufficiently plead a prima facie…

Read More Disability-Based Retaliation Claim Dismissed; Causation Undermined by Nine-Month Gap Between Protected Activity and Adverse Action
Share This: