2021

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In Espinosa v. Weill Cornell Medical College, 18 Civ. 11665, 2021 WL 1062592 (S.D.N.Y. March 19, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination claim. From the decision: Espinosa adduces sufficient facts upon which the trier of fact may reasonably base an inference of gender discrimination. Direct evidence…

Read More Gender Discrimination Claim Against Weill Cornell Medical College Survives Summary Judgment
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In Felton v. Monroe Community College et al, 6:20-CV-06156, 2021 WL 1132411 (W.D.N.Y. March 24, 2021), the court held, inter alia, that plaintiff sufficiently alleged race discrimination, and denied defendant’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). From the decision: Plaintiff’s allegations as to discriminatory motive are admittedly thin. However, construing Plaintiff’s…

Read More Race Discrimination Claim Sufficiently Alleged Against Monroe Community College
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In a recent bulletin, the U.S. Equal Employment Opportunity Commission (EEOC) announced the resolution (via Consent Decree) of plaintiff’s gender/pregnancy discrimination claim against Manhattan restaurant Lucy’s Cantina Royale. Notably, from the bulletin: The EEOC’s lawsuit asserted that the restaurant group fired a server working at Lucy’s Cantina Royale after it learned of her pregnancy and…

Read More EEOC Reports $45,000 Settlement in Pregnancy Discrimination Suit Against Lucy’s Cantina Royale
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In Root v. Salamanca Central School District, No. 20-00123, 882, 2021 N.Y. Slip Op. 01634, 2021 WL 1049730 (N.Y.A.D. 4 Dept. Mar. 19, 2021), a sexual harassment case, the court upheld a lower court decision denying defendants’ motion to dismiss plaintiff’s claims against defendants (but modified the order to dismiss plaintiff’s amended complaint against individual…

Read More Teacher’s Sexual Harassment Case Continues Against Upstate School District
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In Rodriguez v. Newmark & Co. Real Estate, Inc., No. 158325/2019, 2021 WL 1040524 (N.Y. Sup Ct, New York County Mar. 18, 2021), the court granted defendants’ motions to dismiss plaintiff’s complaint, or in the alternative, stay this action to compel arbitration of plaintiff’s gender discrimination, sexual harassment, retaliation, and aiding-and-abetting-discrimination claims. The crux of…

Read More Union Member’s Sexual Harassment and Discrimination Claims Must Be Arbitrated, Court Holds
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A recent case, Ellis v. Bank of New York Mellon Corp., 2021 WL 829620 (3d Cir. March 4, 2021), involves an increasingly-common scenario: an employee of a (non-public) employer suffers a negative job action due to their outside-work social-media posting(s). In this case, the plaintiff (who is white) was terminated following her alleged Facebook post…

Read More Title VII Race Discrimination Dismissal Affirmed; Termination For Controversial Social Media Posts Was Not Unlawful Discrimination
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In Domen v. Vimeo, Inc., 2021 WL 922749 (2d Cir. March 11, 2021) (Pooler, Wesley, Carney), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of discrimination claims asserted against video-hosting website Vimeo. The basis for dismissal was Section 230 of the Communications Decency Act, 47 U.S. Code § 230 (“Section 230”).…

Read More Section 230 Shields Vimeo From Liability Arising From Deletion of Church’s Account
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In Ali v. Westchester Medical Center et al, 2021 WL 1022615 (S.D.N.Y. March 17, 2021), the court, inter alia, granted defendants’ motion for summary judgment and dismissed plaintiff’s national origin discrimination claim. From the decision: Summary judgment is granted as to Ali’s claim of discrimination based on national origin. Ali has not established a prima…

Read More Medical Residency National Origin (Egyptian) Discrimination Claim Dismissed
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In Tromblee v. The State of New York et al, 19-cv-0638, 2021 WL 981847 (N.D.N.Y. March 16, 2021), the court, inter alia, held that plaintiff’s hostile work environment sexual harassment claim “far exceed[ed] legal sufficiency.” While defendants did not move to dismiss this claim, the court’s discussion is nevertheless instructive. The court summarized the “black…

Read More Sexual Harassment / Hostile Work Environment Claim Held Legally Sufficient; Allegations Include Sexually Demeaning Language & Touching
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In Biggan v. City of New York et al, No. 13359, 2019-5666, 21758/14, 2021 N.Y. Slip Op. 01501, 2021 WL 966681 (N.Y.A.D. 1 Dept., Mar. 16, 2021), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s employment discrimination claim. From the decision: Plaintiff, a former custodian for the New York City Police Department (N.Y.PD),…

Read More “Dope” T-Shirt Employment Discrimination Dismissal Affirmed
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