2022

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In Kim v. Sae-a Trading America Corp., No. 656669/2020, 2022 WL 106846 (N.Y. Sup Ct, New York County Jan. 05, 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s “non-traditional Korean” national origin discrimination claim. Plaintiff alleged, among other things, that defendants made offensive comments disapproving of the fact that Plaintiff was “still…

Read More “Non-Traditional Korean” National Origin Discrimination Claim Dismissed
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In Gilbert v. Stony Brook University et al, 2022 WL 409716 (E.D.N.Y., 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim. From the decision: To state a claim for a hostile work environment in violation of Title VII [or Section 1983], a plaintiff must plead facts that would…

Read More Sex-Based Hostile Work Environment Claim Dismissed Against Stony Brook University
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In Restaurant Law Center & NYS Restaurant Association et al v. City of New York, 21-cv-4801, 2022 WL 409190 (S.D.N.Y. February 10, 2022), the court rejected a challenge, mounted by plaintiffs, to a 2021 amendment to New York City’s Fair Workweek Law. In 2017, NYC enacted the Fair Workweek Law (N.Y.C. Admin. Code §§ 20-1201…

Read More Court Rejects Challenge to Fast Food “Wrongful Discharge Law”
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In Brown v. Montefiore Medical Center, 19-CV-11474, 2022 WL 392313 (S.D.N.Y. February 9, 2022), the court, inter alia, denied plaintiff’s motion to amend his complaint – which alleged employment (race) discrimination, hostile work environment, and retaliation – to allege constructive discharge stemming from a hostile work environment claim. (In a prior decision, dated March 25,…

Read More Request to Amend Race Discrimination Complaint to Add Constructive Discharge Claim Denied as “Futile”
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In Long v. Aerotek, Inc. et al, No. 531638, 2022 N.Y. Slip Op. 00915, 2022 WL 398863 (N.Y.A.D. 3 Dept., Feb. 10, 2022), the court, inter alia, affirmed the denial of defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under the New York State Human Rights Law. The court began…

Read More Sexual Harassment, Hostile Work Environment, Constructive Discharge Claims Survive Summary Judgment Claims Survive Summary Judgment
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In Boatright v. U.S. Bancorp, 20-4236-cv, 2022 WL 351059 (2d Cir. Feb. 7, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the summary judgment dismissal of plaintiff’s race- and gender-based discrimination claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New…

Read More Race, Gender-Based Pay Discrimination Claim Dismissal Affirmed; Alleged “Shifting Explanations” Did Not Permit Finding of Pretext
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In Buczakowski v. Crouse Health Hospital, Inc., et al, 5:18-CV-0330 (LEK/ML), 2022 WL 356698 (N.D.N.Y. Feb. 7, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s retaliation claim asserted under the New York State Human Rights Law. From the decision: Viewing the record in the light most favorable to Plaintiff, she…

Read More Retaliation Claim Survives Summary Judgment; Evidence Included Alleged Lack of Progressive Discipline
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In Chandler v. La-Z-Boy, Inc., No. 5:21-cv-05101-JMG, 2022 WL 348169 (E.D.Pa. Feb. 4, 2022), the court granted defendants’ motion to dismiss plaintiff’s discrimination/constructive discharge and hostile work environment claims asserted under 42 U.S.C. § 1981. Plaintiff alleges, inter alia, that three weeks into her employment, she was called a “colored girl” by her manager, and…

Read More Constructive Discharge Claim, Based on “Colored Girl” Comment, Fails
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In Twersky v. Yeshiva University et al, 2022 NY Slip Op 00366 (NY App. Div. 1st Dept. Jan. 20, 2022), the New York Appellate Division, First Department reversed a lower court decision permitting 33 Child Victims Act (CVA) plaintiffs to proceed under pseudonyms. The court summarized the law as follows: Several New York courts “have…

Read More Child Victims Act (CVA) Plaintiffs May Not Proceed Anonymously, Court Holds
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In Xu v. Omnicom Group Inc., No. 518453/2019, 2022 WL 135325, 2022 N.Y. Slip Op. 30133(U) (N.Y. Sup Ct, Kings County Jan. 06, 2022), the court granted an individual defendant’s (John Wren) motion to dismiss plaintiff’s claims of discrimination based on race (Chinese), national origin (China), disability, and age. This case is instructive as to…

Read More Discrimination Claims Dismissed Against, and Protective Order Issued Barring Deposition of, Individual Defendant
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