November 2020

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In Francis v. Ideal Masonry, Inc., 2020 WL 6737463 (E.D.N.Y. Nov. 17, 2020), a race discrimination case, the court (upon review of a Magistrate Judge’s Report & Recommendation) denied defendants’ motion to vacate a default judgment. Plaintiffs, who are both Black males and immigrants. alleged that while employed by defendant, their supervisor, “used racist epithets…

Read More “Strategic”, “Willful” Default in Race Discrimination Case Will Not Be Vacated
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In Brown v. City of New York, No. 12411, 152006/19, 2020-02127, 2020 N.Y. Slip Op. 06700, 2020 WL 6731830 (N.Y.A.D. 1 Dept., Nov. 17, 2020), the court affirmed the dismissal of plaintiff’s disability discrimination claim asserted under the New York State and City Human Rights Laws, on the ground that it did “not contain any…

Read More Disability Discrimination Claims, Based on Asthma and Cancer, Held Properly Dismissed
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In Krul v. Megan J. Brennan, Postmaster General, U.S. Postal Service et al, 2020 WL 6736886 (N.D.N.Y. Nov. 17, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of gender-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. The court summarized the legal standard in the…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Included Voice Mocking
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In Mozzachio v. Schanzer, No. 2018-12385, 521309/17, 2020 N.Y. Slip Op. 06522, 2020 WL 6601906 (N.Y.A.D. 2 Dept., Nov. 12, 2020) – a sexual harassment case – the court, inter alia, held that an arbitration agreement was enforceable by the defendant. In this case, the plaintiff alleges claims of sexual harassment and hostile work environment,…

Read More Sexual Harassment Plaintiff Bound by Arbitration Agreement, Court Holds
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In Crump v. New York City Housing Authority, No. 163138/2015, 69 Misc. 3d 1202(A), 130 N.Y.S.3d 925, 2020 N.Y. Slip Op. 51143(U), 2020 WL 5884588 (Sup Ct, Oct. 02, 2020), the court, inter alia, rejected defendants’ “after-acquired-evidence” defense. (The court also denied defendants’ motion for summary judgment on plaintiff’s claims of retaliation and sexual orientation…

Read More Court Rejects After-Acquired Evidence Defense in Employment Discrimination Case
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In Butler v. City School District of New Rochelle et al, 2020 WL 6639121 (S.D.N.Y., 2020), the court denied plaintiff’s motion for reconsideration of its decision to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. The court explained that such a motion is subject to a strict standard, which requires the movant…

Read More Section 1981 Retaliation Claim Dismissed Against New Rochelle School District
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In Tese-Milner v. ATCO Properties & Management, Inc., No. 113902/2007, 2020 WL 6591380 (N.Y. Sup Ct, New York County Nov. 10, 2020), a sex discrimination case, the court, inter alia, upheld a jury verdict of $700,000 in emotional distress/pain and suffering damages. In rendering its decision, the court outlined the evidence relating to the merits,…

Read More Court Upholds $700k Emotional Distress Damages Jury Verdict in Sex Discrimination Case
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In Correa v. City of New York, 2020 NY Slip Op 06383 (NY App. Div. 1 Dept. Nov. 10, 2020), the Appellate Division, First Department affirmed the dismissal of plaintiff’s disability discrimination claim under the New York State and City Human Rights Laws. From the decision: Plaintiff alleges that defendants discriminated against her on the…

Read More Disability Discrimination Claim, Arising From Depression Disclosure, Properly Dismissed
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In Truitt v. Salisbury Bank and Trust Company, 2020 WL 4208452 (S.D.N.Y. July 21, 2020), the court dismissed plaintiff’s discrimination and constructive discharge claims under New York Labor Law § 201-d(2)(a), which prohibits discrimination because of “an individual’s political activities outside of working hours, off of the employer’s premises and without use of the employer’s…

Read More Court Dismisses “Political Activities” Discrimination Claim Under NY Labor Law § 201-d
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In Van Soeren v. Disney Streaming Service, 2020 WL 6131255 (S.D.N.Y. Oct. 16, 2020), the court dismissed plaintiff’s discrimination complaint asserted under, e.g., Title VII of the Civil Rights Act of 1964. In sum, plaintiff – a male product designer and former at-will employee of defendant – asserted that he was subject to pregnancy discrimination…

Read More Title VII Discrimination Claim, Based on Wife’s Pregnancy, Dismissed; “New Parent” Status Not Protected Class
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