2020

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In Cocca-Rau v. Standard Insurance Company, 2020 WL 4207442 (S.D.N.Y. July 22, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s complaint alleging religious discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that she suffered an adverse employment action (termination) because of her membership in a…

Read More Catholic Plaintiff’s Title VII “Reverse Religious Discrimination” Complaint Dismissed
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In Wallace v. City of New York, 19-cv-4545, 2020 WL 4336391 (EDNY July 28, 2020), the court, inter alia, denied plaintiff’s motion to reconsider its earlier decision dismissing plaintiff’s claim of race discrimination for failure to state a claim. This decision is instructive both as to what a plaintiff must allege to meet their pleading…

Read More Court Denies Motion for Reconsideration in Race Discrimination Case
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In Emamian v. Rockefeller University, 2020 WL 4811383 (2d Cir. Aug. 19, 2020) (Summary Order) – a race/national origin employment discrimination case – the court (inter alia) affirmed the district court’s remittitur of the jury’s $2 million award of damages for emotional distress to $200,000. From the decision: Emamian argues that the district court erred…

Read More Second Circuit Upholds Remittitur of Jury’s Award of $2 Million to $200,000 for Emotional Distress Damages in Employment Discrimination Case
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In a recent case, Scalercio-Isenberg v. Morgan Stanley Services Group Inc., 2020 WL 4547317 (S.D.N.Y. Aug. 6, 2020), the court, inter alia, dismissed plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act. The court summarized the law, in pertinent part, as follows: ADA disability discrimination claims are also subject to the McDonnell Douglas…

Read More Court Dismisses Failure-to-Hire ADA Disability Discrimination Claim, Citing Defendant’s Lack of Knowledge of Disability
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In Emamian v. Rockefeller University, 2020 WL 4811383 (2d Cir. Aug. 19, 2020) (Summary Order), the court affirmed the district court’s denial of defendant’s motion for judgment as a matter of law, following a jury verdict for plaintiff on their race and national origin discrimination claims. Defendant asserted that “there was insufficient evidence for a…

Read More Race/National Origin Discrimination Jury Verdict for Plaintiff Upheld
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In Griffith v. Coney Food Corp. d/b/a Checkers et al, 2020 WL 4748452 (E.D.N.Y. August 17, 2020) – a gender/pregnancy discrimination case – the court, inter alia, held that plaintiff alleged sufficient facts that defendant (Checkers) is her “joint employer” under the New York State and City Human Rights Laws. The court summarized the contours…

Read More Gender/Pregnancy Discrimination Plaintiff Overcomes Motion to Dismiss Based on “Joint Employer” Doctrine
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From Rettino v. NYC Dept. of Education, 2020 WL 4735299 (SDNY Aug. 14, 2020): The plaintiff’s allegations of hostile work environment that occurred after October 2017 are limited to allegations of failure to hire and retaliation. The plaintiff merely makes the conclusory statement that the school to which he had most recently been assigned denied…

Read More Age-Related Hostile Work Environment Claim Dismissed
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In Guillebeaux v. H.E.L.P. Homeless Services Corporation et al, 2020 WL 4731420 (S.D.N.Y. August 14, 2020) – a sexual harassment/hostile work environment case – the court denied plaintiff’s motion for reconsideration of the court’s earlier ruling declining to prevent a representative of defendant from attending the (remote) deposition of plaintiff. The court provides the following…

Read More Sexual Harassment Deposition May be Attended by Defendant Representative, Court Rules
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In a recent decision, Simmons v. Safeway, Inc. d/b/a Haggen Food and Pharmacy et al., 19-35715 (9th Circuit Aug. 5, 2020) (deemed “not for publication”),[1]General information about this practice here the U.S. Court of Appeals for the Ninth Circuit reversed a summary judgment granted to defendant in plaintiff’s sexual harassment case asserted under Title VII…

Read More Ninth Circuit Reinstates Sexual Harassment Case Against Safeway
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In Vucinaj v. New York City Police Department et al, 2020 WL 4677597 (SDNY Aug. 12, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: It is clear, based on Plaintiff’s testimony, that he subjectively perceived the environment at the NYPD to be hostile during his tenure. But the acts…

Read More Hostile Work Environment Claim Against NYPD Dismissed; Anti-Albanian Comments Were “Sporadic”
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