August 2021

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In Sutton v. Stony Brook University et al, 18-cv-7434, 2021 WL 3667013 (E.D.N.Y. Aug. 18, 2021), the court, inter alia, dismissed plaintiff’s claims of sexual harassment under Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681, et seq.[1]Plaintiff also alleged violations of the First and Fourteenth Amendments to the U.S. Constitution pursuant…

Read More Title IX Sexual Harassment Complaint Dismissed Against Stony Brook University
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Today, August 20, 2021, New York’s Governor signed a new law, S858, which closes a loophole in New York’s Labor Law relating to wage theft. Specifically, the law amends New York Labor Law sections 193 and 198. Previously, the law prevented certain “deductions.” However, there was ambiguity as to whether a complete failure to pay…

Read More NY Governor Signs Bill Closing “Wage Theft” Loophole
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In Roberts v. The Sage Corporation et al, 20-cv-365, 2021 WL 3617670 (NDNY Aug. 16, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In contrast to Title VII discrimination and retaliation claims, hostile work environment claims involve a…

Read More Hostile Work Environment Claim Dismissed; Post-Employment Conduct Not Actionable
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In Thomas v. The City of New York, No. 150877/2021, 2021 WL 3624928 (N.Y. Sup Ct, New York County Aug. 10, 2021), the court, inter alia, held that plaintiff sufficiently alleged a claim for race discrimination under the New York City Human Rights Law. From the decision: A plaintiff states a claim of discrimination under…

Read More Discrimination Claim Against NYC, Based on Involuntary Overtime, Reassignment, and Replacement, Sufficiently Alleged
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In a recently-filed lawsuit, captioned J.C. v. Robert Allen Zimmerman a/k/a Bob Dylan (Sup. Ct. N.Y. Cty. Index No. 951450/2021), the plaintiff – proceeding pseudonymously – asserts (under the Child Victims Act and pursuant to CPLR 214-g and 22 NYCRR § 202.72) that the defendant sexually abused her over a six-week period between April and…

Read More Child Victims Act Sex Abuse Lawsuit Against Bob Dylan
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From Cruz v. SEIU Local 32 BJ et al, 19-cv-11836, 2021 WL 3604661 (S.D.N.Y., 2021): The Complaint states a claim against the Union for discrimination pursuant to NYSHRL and NYCHRL based on allegations that the Union chose to arbitrate Borici’s workload grievance but not Plaintiff’s. The Complaint alleges that Plaintiff and Borici had workloads of…

Read More Race Discrimination Claims Survive Against Union, Based on Disparate Arbitration of Grievances
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In Hampton v. Wilkie, 17-cv-5711, 2021 WL 3577941 (E.D.N.Y. Aug. 9, 2021), the court, inter alia, held that plaintiff (a former employee of the Veteran Affairs Medical Center) presented enough evidence to survive summary judgment on his retaliation claim asserted under Title VII of the Civil Rights Act of 1964. After determining that plaintiff’s hostile…

Read More Federal Employee’s Title VII Retaliation Claim Survives Summary Judgment
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In a federal lawsuit filed on August 12, 2021 in the U.S. District Court for the Middle District of Florida, captioned EEOC v. Neighborhood Restaurant Partners Florida, LLC, Case No. 8:21-cv-01931-VMC-JSS, the U.S. Equal Employment Opportunity Commission asserts that the defendant, doing business as Applebees, violated Title VII of the Civil Rights Act of 1964,…

Read More EEOC Sues Florida Applebees for Race and Sexual Orientation Discrimination
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In Hunt v. Consolidated Edison Company of New York, Inc., 18-CV-7262, 2021 WL 3492716 (EDNY Aug. 9, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Acts of 1964 (Title VII) and the New York City Human Rights Law (NYCHRL). While the court…

Read More Retaliation Claims Survive Dismissal Against Con Edison
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In Hunt v. Consolidated Edison Company of New York, Inc., 18-CV-7262, 2021 WL 3492716 (EDNY Aug. 9, 2021), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based failure-to-promote claim asserted under Title VII of the Civil Rights Acts of 1964 (Title VII) and the New York City Human Rights Law (NYCHRL). After summarizing…

Read More Race-Based Failure-to-Promote Claim Insufficiently Alleged, Court Holds
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