2020

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In Nelson v. New York City Tr. Auth., 2020 NY Slip Op 00671 (App. Div. 1st Dept. Jan. 30, 2020), the court unanimously affirmed the denial of defendants’ motion for summary judgment on plaintiff’s employment discrimination claims. From the decision: Defendants New York City Transit Authority (NYCTA) and Metropolitan Transit Authority Bus Company (MTA) failed…

Read More Race/Gender Discrimination Claims Survive Summary Judgment Against the NYC Transit Authority
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In Yu v. City of New York, Administration for Children’s Services, 2020 WL 521863 (2d Cir. Feb. 3, 2020) (Summary Order), the court held, inter alia, that plaintiff’s hostile work environment claim was not (contrary to the district court’s conclusion) time-barred as a matter of law. Initially, the court upheld the district court’s dismissal of…

Read More Hostile Work Environment Claim Dismissal Vacated and Remanded
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In Kunik v. New York City Department of Education et al, 15-CV-9512, 2020 WL 508897 (S.D.N.Y. January 31, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims. The court explained that plaintiff’s claim faltered because she did not present sufficient evidence to establish an “adverse employment action,” which is the third step of the…

Read More Lack of “Adverse Employment Action” Dooms Teacher’s Discrimination Claim
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In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff failed to state claims for race and national origin discrimination. (The court did find, however, that plaintiff sufficiently alleged a hostile work environment claim.) The court noted, in particular, that “although [plaintiff’s complaint] does…

Read More Notwithstanding “Deplorable” Racially-Disparaging Remarks, Court Dismisses Race and National Origin Discrimination Claims
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In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff sufficiently alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged that, throughout his time working at the Printing Center he was…

Read More Hostile Work Environment Claim Sufficiently Alleged by Hispanic Plaintiff
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In Sivio v. Village Care Max, 18-cv-2408, 2020 WL 497513 (S.D.N.Y. January 31, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim. Initially, the court found that a reasonable jury could find that defendant improperly failed to accommodate plaintiff’s disability. It next turned to plaintiff’s disability discrimination claim,…

Read More Disability Discrimination Claim Survives Summary Judgment Against Village Care Max
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In Matter of Colon (Staffing Solutions Org. LLC – Commissioner of Labor), No. 528844, 2020 N.Y. Slip Op. 00656, 2020 WL 476389 (N.Y.A.D. 3 Dept., Jan. 30, 2020), the court upheld the denial of unemployment benefits to claimant, who resigned from her employment citing, among other things, a hostile work environment. The Department of Labor…

Read More Unemployment Benefit Denial Upheld, Notwithstanding Alleged Hostile Work Environment
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In Reichman v. City of New York, No. 2016-03043, 8141/12, 2020 WL 465159 (N.Y.A.D. 2 Dept., Jan. 29, 2020), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. Plaintiff (a self-identifying-Jewish firefighter) alleged, among other things, that a fellow firefighter made an anti-Semitic remark, and that the plaintiff was subjected to…

Read More Firefighter’s Religion-Based Hostile Work Environment Claim Dismissal Affirmed
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In Rogoff v Long Island University, No. 510388/2019, 2020 WL 337067, 2020 N.Y. Slip Op. 30147(U) (N.Y. Sup Ct, Kings County Jan. 21, 2020), the court held that plaintiff sufficiently alleged age discrimination under the New York State and City Human Rights Laws. From the decision: Turning to plaintiff’s claims based on New York State…

Read More Age Discrimination Sufficiently Alleged by Long Island University (Brooklyn) Professor, Court Holds
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