In Rosen v. N.Y.C. Dept. of Education, 2019 WL 4039958 (S.D.N.Y., 2019), the court, inter alia, held that plaintiff – a teacher – sufficiently alleged age discrimination under theories of “constructive discharge” and “hostile work environment.” In order to make out a prima facie case under the ADEA, the court explained, a plaintiff must show…
Read More Teacher Plausibly Alleges Age Discrimination, Court HoldsLitigation in New York courts is governed by rules set forth in the New York Civil Practice Law & Rules (CPLR), “Uniform Rules”, local/judges’ rules, and case law. Generally, in the New York Supreme Court – which, contrary to what its name implies, is the lowest trial-level court in the state court system – the…
Read More The “Preliminary Conference” in New York PracticeThe so-called “Jackson Affidavit” – named after a First Department case, Jackson v. City of New York, 185 A.D.2d 768, 586 N.Y.S.2d 952 (1st Dept. 1992) – is frequently used in New York state court litigation to, in sum, confirm that documents requested as part of discovery have been searched for and not found. Jackson…
Read More The “Jackson Affidavit” in New York PracticeRetaliation, in the employment discrimination context, has a very specific meaning – namely, subjecting an employee to one or more “adverse employment actions” because the employee engaged in “protected activity.” Frequently, retaliation occurs during the course of employment. But what about retaliation after the employee has left the employer? Courts recognize that “Title VII prohibits…
Read More Post-Employment Retaliation; “Blacklisting”In Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Here, plaintiff contends that she was terminated in retaliation for filing a charge with…
Read More 2d Circuit Affirms Dismissal of Title VII Retaliation Claim; More Than One-Year Gap Too Attenuated to Show CausationIn Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court briefly summarized the law: “A hostile work environment…
Read More 2d Circuit Affirms Dismissal of Race-Based Hostile Work Environment ClaimIn Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After briefly summarizing the law – namely, that “[t]o prevail on [a…
Read More 2d Circuit Affirms Dismissal of Title VII Race Discrimination Claim; Absent/Tardy Co-Worker Comparators Were Not “Similarly Situated”In Alvarado v. Mount Pleasant Cottage School District et al, 2019 WL 4039149 (S.D.N.Y. August 27, 2019), the court, inter alia, dismissed plaintiff’s race and national origin-based hostile work environment claim. The court summarized plaintiff’s allegations as follows: Here, Plaintiff has pointed to four incidents, perpetuated by Defendant Sheppard, that support her race/national origin-based hostile-work-environment…
Read More Hostile Work Environment Not Sufficiently Alleged, Notwithstanding Tasteless, Mean, Ignorant, and Biased CommentsIn Coku v. The New York Presbyterian Hospital et al, 17-cv-2488, 2019 WL 3779507 (S.D.N.Y. Aug. 12, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. After summarizing the relevant legal standards, and noting that “the standard for establishing a hostile work environment is high”, the court noted that plaintiff did not meet…
Read More Hostile Work Environment Claim Dismissed; Alleged Mistreatment Was Not Due to Protected CharacteristicIn Tulino v. City of New York, 15-cv-7106 (JSR), 2019 WL 3810975 (S.D.N.Y. 2019) – an employment discrimination / hostile work environment case – a jury awarded plaintiff damages for emotional distress in the amounts of $1.5 million for her hostile work environment claim, and $500,000 for her retaliation claim. The court, employing the procedural…
Read More Court Remits $2M Hostile Work Environment / Retaliation Verdict to $1.25M