2022

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In Harris v. Oscar De La Renta, LLC, 2022 WL 540659 (SDNY Feb. 22, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based failure-to-hire claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In this case, the plaintiff states a claim for failure to hire. The…

Read More Race-Based Failure-to-Hire Discrimination Claim Will Proceed Against Oscar De La Renta
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In Mondelo v. Quinn, Emanuel, Urquhart & Sullivan, LLP et al, 21-cv-02512, 2022 WL 524551 (SDNY Feb. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s Spanish Ethnicity/Ancestry/National Origin-based hostile work environment claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights…

Read More Spanish Ethnicity/Ancestry/National Origin Hostile Work Environment Claim Survives Against Quinn, Emanuel Law Firm
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In Lopez v. Mama’s Fried Chicken, Inc., 2022 NY Slip Op 01124 (NY App. Div. 1st Dept. Feb. 22, 2022) – involving claims of failure to pay wages, sexual harassment, discrimination, and retaliation – the First Department unanimously affirmed a lower court’s Order denying defendant’s motion to vacate a default judgment entered in plaintiff’s favor.…

Read More Sexual Harassment Default Judgment Upheld; “Law Office Failure” Argument Rejected
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In Gittens v. Winthrop Hospitalist Associates, P.C. et al, 19-CV-5070, 2022 WL 504490 (E.D.N.Y. Feb. 18, 2022), the court held, inter alia, that plaintiff sufficiently alleged a race-based hostile work environment claims under 42 U.S.C. § 1981 and the New York State Human Rights Law. Initially, the court held that plaintiff did not state a…

Read More Race-Based Hostile Work Environment Claim, Based on Assignment of “Menial Tasks”, Sufficiently Alleged
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In Quintero v. Angels of the World, Inc., 19-CV-6126, 2021 WL 4464123 (E.D.N.Y. Sept. 10, 2021), the court, inter alia, assessed emotional distress damages to be awarded to plaintiff (an exotic dancer), upon defendants’ default, on her claims of race-based discrimination and hostile work environment, hostile work environment sexual harassment, among others. The court summarized…

Read More Exotic Dancer Awarded $30,000 in Emotional Distress Damages Upon Defendants’ Default in Sexual Harassment Case
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In Quintero v. Angels of the World, Inc., 19-CV-6126, 2021 WL 4464123 (E.D.N.Y. Sept. 10, 2021), the court, inter alia, recommended that plaintiff – an exotic dancer – be awarded a default judgment on her claims of hostile work environment sexual harassment. From the decision: Plaintiff alleges that managers and promoters, all of whom who…

Read More Exotic Dancer Entitled to Default Judgment on Hostile Work Environment Sexual Harassment Claims, Court Holds
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In Daniels v. American Airlines Inc., 19-cv-3110, 2022 WL 493573 (E.D.N.Y. Feb. 17, 2022), the court dismissed “workplace bullying” claims asserted by plaintiff, a former flight attendant for defendant American Airlines. This decision teaches, and confirms, that while a certain type of bullying – bullying motivated by impermissible factors (i.e., “protected classes” such as sex,…

Read More Workplace Bullying, Hostile Work Environment Claims Dismissed by Court
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In Milord-Francois v. New York State Office of the Medicaid Inspector General et al, No. 20-3646-cv, 2022 WL 480477 (2d Cir. Feb. 17, 2022), the court, inter alia, vacated the district court’s award of summary judgment on plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. From the decision: Milord-Francois…

Read More Race-Based “Pretext” Employment Discrimination Claim Survives Summary Judgment
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In Fawcett v. Fox News Network, LLC, No. 157135/2021, 2022 WL 445861 (N.Y. Sup Ct, New York County Feb. 14, 2022), the court dismissed plaintiff’s claims of gender discrimination and sexual harassment against defendant Andrew Napolitano. The court summarized plaintiff’s allegations against this defendant as follows: Plaintiff began working for Fox Business in March 2019…

Read More Sexual Harassment and Other Claims Dismissed Against Andrew Napolitano
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In Maher v. Nusret New York LLC, 2022 WL 443619 (S.D.N.Y. Feb. 14, 2022), the court granted plaintiff’s motion to remand this case back to state court, due to the absence of federal subject matter jurisdiction. From the decision: The purported federal question raised, in defendant’s view, is whether CPLR § 7515 is preempted by…

Read More Hostile Work Environment Case Against Nusret New York Remanded to State Court; Federal Question Not Raised By Alleged Arbitration Preemption
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