2020

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In Taylor v. Dollar Tree Stores, 2020 WL 2478663 (EDNY May 13, 2020), the court, inter alia, dismissed plaintiff’s race- and national origin-based hostile work environment claims. From the decision: Taylor’s allegations about his co-workers, including that they verbally abused him cannot be the basis of a hostile work environment claim, because there is an…

Read More Race/National Origin-Based Hostile Work Environment Claims Dismissed Against Dollar Tree Stores
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In Golston-Green v. City of New York, et al., No. 2016-02462, 28117/09, 2020 N.Y. Slip Op. 02768, 2020 WL 2462411 (N.Y.A.D. 2 Dept., May 13, 2020), the court, inter alia, dismissed plaintiff’s claim of discrimination under the New York City Human Rights Law. This decision is instructive as to the differences between the New York State Human…

Read More Court Clarifies Standard for “Adverse Employment Action” Under the NYC Human Rights Law
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In Golston-Green v. City of New York, et al., No. 2016-02462, 28117/09, 2020 N.Y. Slip Op. 02768, 2020 WL 2462411 (N.Y.A.D. 2 Dept., May 13, 2020), the court, inter alia, held that summary judgment should not have been granted to defendants on plaintiff’s claim of gender-based hostile work environment under the NYC Human Rights Law.…

Read More Gender-Based Hostile Work Environment Survives Summary Judgment Under the NYCHRL Against NYC
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In Small v. Cuer, 2020 WL 2215585 (2d Cir. May 7, 2020) (Summary Order), a sexual harassment case, the U.S. Court of Appeals for the Second Circuit affirmed a lower court ruling that, inter alia, largely upheld a substantial jury award in plaintiff’s favor for emotional distress and punitive damages. The jury had awarded $1.55…

Read More 2d Circuit Upholds Substantial Emotional Distress and Punitive Damages Awards in Sexual Harassment Case
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In McElroy v. Mercer Health & Benefits LLC, No. 153735/2018, 2020 WL 2066336, 2020 N.Y. Slip Op. 31083(U) (N.Y. Sup Ct, New York County Apr. 29, 2020), an employment discrimination case, the court granted plaintiff’s motion to amend the complaint to add an additional plaintiff who has alleged similar employment discrimination causes of action against…

Read More Employment Discrimination Plaintiff May Amend Complaint to Add Additional Plaintiff
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In Pakniat v Moor et al, No. 160019/2019, 2020 WL 2198218 (N.Y. Sup Ct, New York County May 04, 2020), a sexual harassment case, the court held that the plaintiff did not satisfy the geographical requirements of the New York State and City Human Rights Laws. The facts, briefly: [P]laintiff lived and worked in Canada…

Read More Sexual Harassment Claims Dismissed; Geographical Requirements of NY State and City Human Rights Laws Not Satisfied
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In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s constructive discharge claim. The court summarized the law as follows (internal quotation marks and citations omitted): An employee is constructively discharged when his employer, rather than discharging…

Read More Constructive Discharge Claims Survive Summary Judgment
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In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. In a prior blog post, I addressed the court’s conclusion that plaintiff raised a triable issue issue of fact as to…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Court Differentiates Between Verbal and Physical Harassment: Part II
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In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. Here, plaintiff’s claim included physical and non-physical harassment. In evaluating defendant’s motion, the court noted that the Second Circuit has drawn…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Court Differentiates Between Verbal and Physical Harassment: Part I
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In Rasmy v. Marriott International, Inc., 952 F.3d 379 (2d Cir. March 6, 2020), the court vacated the district court’s grant of summary judgment to defendant on plaintiff’s hostile work environment and retaliation claims. Here I will discuss the court’s evaluation of plaintiff’s hostile work environment claim. In particular, the court faulted the lower court…

Read More 2d Circuit Vacates Summary Judgment Dismissal of Hostile Work Environment Claim; District Court Applied Improperly “Rigid” Test
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