In Byer v. Periodontal Health Specialists of Rochester, PLLC et al, 2021 WL 3276725 (2d Cir. August 2, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a district court’s order granting summary judgment to defendant on plaintiff’s racial harassment case asserted under the New York State Human Rights…
Read More Race-Based Hostile Work Environment Claim Survives Summary JudgmentIn New York State Division of Human Rights v. Hawk, 2021 N.Y. Slip Op. 03687, 2021 WL 2389091 (N.Y. App. Div. 4th Dept. June 11, 2021), the court enforced orders issued by the New York State Division of Human Rights that found respondents Ronald E. Hawk and Big Money Jim, Inc., doing business as Chaffee…
Read More $10,000 Awarded in Sexual Harassment Case Against Chaffee Flatts and OwnerIn Hyacinthe v. City of New York, No. 151812/2020, 2021 WL 619320, 2021 N.Y. Slip Op. 30443(U) (N.Y. Sup Ct, New York County Feb. 17, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claim under the New York City Human Rights Law. The court summarized the facts (specifically pertinent to…
Read More NYPD Officer’s Disability Discrimination Claim Survives DismissalIn Kunik v. N.Y.C. Dep’t of Educ., 20-741-cv (2d Cir. Jan. 15, 2021) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s age and religion-based hostile work environment and constructive discharge claims. From the Order: The district court correctly determined that Kunik’s amended complaint failed to state a claim for hostile work environment…
Read More Hostile Work Environment Claims Properly Dismissed; Reliance on Defendants’ “Demeanor” InsufficientIn Renk v. Renk, No. 153019/2020, 2020 WL 7046642 (N.Y. Sup Ct, New York County Nov. 25, 2020), the court, inter alia, dismissed plaintiff’s age-based hostile work environment claim asserted under the New York State and City Human Rights Laws. From the decision: To establish a hostile work environment under the NYSHRL and NYCHRL, plaintiff…
Read More Lacking Link to Plaintiff’s Age, Plaintiff’s Age-Based Hostile Work Environment Claim FailsIn Truitt v. Salisbury Bank and Trust Company, 2020 WL 4208452 (S.D.N.Y. July 21, 2020), the court dismissed plaintiff’s discrimination and constructive discharge claims under New York Labor Law § 201-d(2)(a), which prohibits discrimination because of “an individual’s political activities outside of working hours, off of the employer’s premises and without use of the employer’s…
Read More Court Dismisses “Political Activities” Discrimination Claim Under NY Labor Law § 201-dIn Bernstein v. New York City Department of Education, 2020 WL 6564809 (S.D.N.Y. Nov. 9, 2020), the court, inter alia, dismissed plaintiff’s age-based hostile work environment and (related) constructive discharge claims. From the decision: First, a school system is entitled to ask a teacher when she plans to retire without automatically creating an inference that…
Read More Hostile Work Environment & Constructive Discharge Claims Dismissed Against NYC Dept. of EducationIn Nagaraj v. Sandata Technologies, LLC, 2020 WL 6482194 (EDNY Nov. 4, 2020), the court adopted a Magistrate Judge’s Report & Recommendation finding that plaintiff may proceed on his claim of a hostile work environment based on race discrimination culminating in a constructive discharge. This decision is instructive on the scope of a federal statute,…
Read More Race-Based Hostile Work Environment Claim Survives DismissalIn Kilcullen v. The New York and Presbyterian Hosp., No. 650470/2015, 2020 WL 4048130 (N.Y. Sup Ct, New York County July 15, 2020), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s claims of retaliatory discharge in violation of New York’s whistleblower laws (Labor Law 740, 741), as well as constructive discharge. In…
Read More Whistleblower Claims Dismissed; Employer’s Refusal to Accept Resignation Retraction Not an “Adverse Employment Action”In Kuehl v. City of New York, No. 151282/2018, 2020 WL 3578442 (N.Y. Sup Ct, New York County July 01, 2020), the court, inter alia, dismissed plaintiff’s age-based constructive claim. From the decision: To state a claim for constructive discharge, plaintiff must allege facts showing that defendant ‘deliberately created working conditions so intolerable, difficult or unpleasant…
Read More Age-Related Constructive Discharge Claim Dismissed; “Walter White”/Breaking Bad Reference Cited