2020

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In Pratt v. Megan J. Brennan, Postmaster General et al, 2020 WL 364195 (S.D.N.Y. Jan. 22, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: Here, Plaintiff has failed to plausibly allege a hostile work environment claim. Plaintiff argues that the Amended Complaint includes “allegations of harassing and discriminatory conduct,”…

Read More Hostile Work Environment Claim Dismissed Against U.S. Postal Service
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In Afrat v. Kimber Manufacturing, No. 2017-01081, 68808/15, 2020 N.Y. Slip Op. 00394, 2020 WL 356185 (N.Y.A.D. 2 Dept., Jan. 22, 2020), the Second Department affirmed the dismissal of plaintiff’s age discrimination claim. Plaintiff commenced an action in federal court, alleging age discrimination under the Age Discrimination in Employment Act of 1967 and state and…

Read More Age Discrimination Claims Properly Dismissed on Collateral Estoppel and Other Grounds
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In recent news, it has been reported that a bank called the police on a black Michigan man because it suspected fraud, upon his attempt to deposit checks – resulting from the settlement of a racial discrimination lawsuit. He is now suing the bank for engaging in race discrimination in a place of public accommodation.

Read More Ironic Lawsuit Against Bank
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In Boyce-Herbert v. New York and Presbyterian Hospital, 2020 WL 376788 (E.D.N.Y. Jan. 23, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims.[1]Initially, the court held that plaintiff’s discrimination claims were time-barred, but addressed the merits of plaintiff’s claims in an “abundance of caution.” The court listed the elements that a plaintiff must demonstrate in…

Read More Age/Race/Gender/Religious Discrimination Claims Dismissed Against NY and Presbyterian Hospital
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In some cases, displays of racially- and/or sexually-charged content (e.g., videos) at work might be evidence of actionable employment discrimination. That is, of course, not an ironclad rule. Consider, for example, the recent case of Johnson v. IAC/InterActiveCorp, 2020 NY Slip Op 00488 (NY App. Div. 1st Dept. Jan. 23, 2020), in which the New York Appellate…

Read More “Offensive” Content Shown at Work Insufficient to Demonstrate Disparate Treatment, Court Holds
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In Valerio v. City of New York, 18-cv-11130, 2020 WL 353749 (S.D.N.Y. Jan. 21, 2020), the court, inter alia, held that plaintiff sufficiently alleged claims of employment discrimination – based on his national origin, race, and color – in violation of Title VII of the Civil Rights Act of 1964 and the New York State…

Read More NYPD Corrections Officer’s Title VII Disparate Treatment Claim Survives Dismissal; “Adverse Employment Action” Sufficiently Alleged
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In Roberman v. Alamo Drafthouse Cinemas Holdings, LLC, No. 508293/2019, 2020 N.Y. Slip Op. 20013, 2020 WL 253372 (NY Sup Ct, Kings Cty. Jan. 13, 2020), the court held that plaintiff – a hearing-impaired individual – did not state a claim for disability discrimination under the New York City Human Rights Law. Plaintiff alleged, in…

Read More Public Accommodation Discrimination Lawsuit Against Movie Theater Dismissed
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In Vivian Xiang v. Eagle Enterprises, LLC, 19-cv-1752, 2020 WL 248941 (S.D.N.Y. January 16, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy discrimination claim, asserted under Title VII of the Civil Rights Act of 1964. The law, as summarized by the court: A plaintiff must plead sufficient facts to show that…

Read More Pregnancy Discrimination Claim Sufficiently Alleged
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In Mejia v. White Plains Self Storage Corp., 2020 WL 247995 (S.D.N.Y. Jan. 16, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claim asserted under the New York City Human Rights Law. The court based its decision as to that claim on the NYCHRL’s limited geographic applicability. The court summarized the law as follows:…

Read More NYC Human Rights Law’s Geographic Limitations Explained and Applied
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