November 2021

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In James v. Borough of Manhattan Community College et al, 20-cv-10565, 2021 WL 5567848 (S.D.N.Y. Nov. 29, 2021), the court, inter alia, dismissed plaintiff’s claims of a race- and age-based hostile work environment. This case aptly illustrates that a “work environment” that might be “hostile” in the ordinary sense is not necessarily a “hostile work…

Read More Hostile Work Environment Claim Dismissed; “Climate of Fear” Allegation Insufficient
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In Patterson v. City of New York, No. 158598/2020, 2021 WL 5445502 (N.Y. Sup Ct, New York County Nov. 09, 2021), the court, inter alia, dismissed plaintiff’s retaliation claim asserted against the City of New York under the New York City Human Rights Law. From the decision: To state a claim for retaliation under the…

Read More Retaliation Claim Dismissed Against City of New York; Allegation That Plaintiff “Spoke Out Against” Discrimination Was Conclusory
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In Sanchez v. Chevron North America Exploration and Production Co., 2021 WL 5513509 (5th Cir. Nov. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the “black letter” law, the court applied…

Read More Hostile Work Environment, Based on Race and National Origin, Sufficiently Alleged
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In Carey v. Chadds Ford Tavern, 20-4236, 2021 WL 5448960 (E.D. Pa Nov. 22, 2021), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and state law. In concluding that the alleged conduct was “severe or pervasive”,…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment Against PA Tavern
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In Dikambi v. City University of New York, Dr. Carlton J. Adams, 19-CV-9937, 2021 WL 5518187 (S.D.N.Y. Nov. 24, 2021), plaintiff asserted claims of gender discrimination, sexual harassment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and state law. The court…

Read More Hostile Work Environment Claim Stated; Court Addresses Novel Issue Regarding “Supervisor” Status
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In Peldman v. Kalahari Resorts, LLC, No. 161385/2019, 2021 WL 3619757 (Sup. Ct. N.Y. Cty. August 16, 2021), the court held, inter alia, that the court did not have personal jurisdiction over an out-of-state (PA) defendant. Among other things, the plaintiff argued that defendant’s connections to New York – including purchase of a float in…

Read More Purchase of Floats in Macy’s Thanksgiving Day Parade Insufficient to Confer Personal Jurisdiction
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In Equal Employment Opportunity Commission v. Al Meghani Enterprise, Inc. d/b/a/ The Wireless Solutions, SA-21-CV-00760-JKP, 2021 WL 5450147 (W.D.Tex. Nov. 19, 2021), the court, inter alia, held that plaintiff sufficiently alleged “quid pro quo” sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: With regard to the quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Sufficiently Alleged; Termination Followed Rejection of Sexual Advances
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In Pichardo v. Carmine’s Broadway Feast Inc., No. 1467 4, 2021-00050, 2021 WL 5456247 (N.Y.A.D. 1 Dept. Nov. 23, 2021), the court, inter alia, held (in part) that summary judgment was improperly granted to defendant on plaintiff’s race/color-based hostile work environment claim under the New York City Human Rights Law. After concluding that certain aspects…

Read More Race/Color Hostile Work Environment Claim Survives, In Part, Against Carmine’s Restaurant
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In Walker v. Triborough Bridge and Tunnell Authority et al, 2021 WL 5401483 (S.D.N.Y. Nov. 18, 2021), the court, inter alia, dismissed plaintiff’s claims of race and gender discrimination. This case nicely illustrates a fundamental premise of anti-discrimination law, namely: Discrimination has no place in the workplace. Anti-discrimination laws protect employees when they are subjected…

Read More Hostile Work Environment Claims Dismissed; Abusive Conduct Was Not Connected to Gender or Race
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In Lum v. Consol. Edison, No. 160027/2020, 2021 WL 5331547 (N.Y. Sup Ct, New York County Nov. 16, 2021), the court, inter alia, dismissed plaintiff’s national origin discrimination claim asserted under the New York State and City Human Rights Laws. Plaintiff alleged, among other things, that plaintiff’s co-worker made derogatory comments to him (e.g., “open…

Read More National Origin (Chinese) Discrimination Claim Dismissed Against Con Edison
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