EEOC Practice

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In Batiste v. The City University of New York, No. 16-CV-3358 (VEC), 2017 WL 2912525 (S.D.N.Y. July 7, 2017) (J. Caproni), the court dismissed plaintiff’s discrimination, hostile work environment, and retaliation claims. Among other things, it held that plaintiff failed to exhaust her administrative remedies in the U.S. Equal Employment Opportunity Commission (EEOC). “To present a…

Read More Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC
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In McLane Co. v. E.E.O.C., No. 15-1248, 2017 WL 1199454 (U.S. Apr. 3, 2017), as revised (Apr. 3, 2017), the U.S. Supreme Court held that a district court’s decision to enforce or quash an EEOC subpoena should be reviewed for abuse of discretion, and not (as the Ninth Circuit held) de novo. The facts of the…

Read More SCOTUS Clarifies Standard For District Court Evaluation of EEOC Subpoenas in Employment Discrimination Cases
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In Green v. Jacob & Co. Watches, Inc., No. 15 CIV. 3611 (PAC), 2017 WL 1208596 (S.D.N.Y. Mar. 31, 2017), the court held, inter alia, that plaintiff – an African American man who held the title of Director of Security for Jacob & Co. – plausibly alleged discrimination, hostile work environment, and retaliation claims under federal,…

Read More Citing “Monkey” Comment, SDNY Rules in Favor of Plaintiff in Race Discrimination & Hostile Work Environment Case Against Jacob & Co. Watches
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The Southern District of New York’s recent decision in McCray v. Project Renewal, Inc., 15-cv-8494, 2017 WL 715010 (S.D.N.Y. Feb. 22, 2017) (Judge Caproni) serves as another reminder of the procedural hurdles that must be overcome in order to assert an employment discrimination claim in federal court. Plaintiff, proceeding pro se, sued his former employer, Defendant Project Renewal,…

Read More Court Dismisses ADA Disability Discrimination Claim as Unexhausted, Title VII Race Discrimination Claim as Insufficiently Pled
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In Bell v. McRoberts Protective Agency, Inc., No. 15-CV-0963 (JPO), 2016 WL 7192083 (S.D.N.Y. Dec. 12, 2016), the court dismissed plaintiff’s federal, state, and city claims of religious, race, and sex discrimination under Federal Rule of Civil Procedure 12(b)(6). (This decision, which follows a prior dismissal of plaintiff’s claims, focuses on plaintiff’s amended complaint.) Initially,…

Read More Religious, Race, Sex Discrimination Claims Dismissed on Non-Exhaustion and Substantive Grounds
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In Casseus v. N.Y. Coll. of Health Professions, 15-cv-1914, 2016 WL 7029157 (E.D.N.Y. Nov. 10, 2016), report and recommendation adopted, 2016 WL 7017364 (E.D.N.Y. Dec. 1, 2016), the court dismissed plaintiff’s employment discrimination claims. Among other things, it held that plaintiff failed to exhaust her administrative remedies with respect to her gender discrimination and hostile…

Read More Unasserted Gender Discrimination & Hostile Work Environment Claims Dismissed as Not Administratively Exhausted
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In Szwalla v. Time Warner Cable LLC, No. 15-3479, 2016 WL 7018340 (2d Cir. Dec. 1, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s hostile work environment/sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that two supervisors sexually harassed her…

Read More Sexual Harassment (Hostile Work Environment) & Retaliation Claims Properly Dismissed Against Time Warner Cable
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In Fisher v. Mermaid Manor Home for Adults, LLC, No. 14-CV-3461 (WFK)(JO), 2016 WL 3636021 (E.D.N.Y. June 29, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s race/national origin-based hostile work environment claim. Plaintiff sued after being apprised by co-workers of an Instagram post which “consisted of two photographs of Plaintiff contrasted with a…

Read More Instagram “Planet of the Apes” Comparison Results in Denial of Summary Judgment in Race/National Origin Discrimination (Hostile Work Environment) Case
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In Gomez v. New York City Police Dep’t, No. 15-CV-4036 (AJN), 2016 WL 3212108 (S.D.N.Y. June 7, 2016), the court dismissed plaintiff’s claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the NYS and NYC Human Rights Laws. Election of Remedies Initially, the court held that plaintiff’s decision…

Read More Sexual Harassment (and Other) Claims Dismissed; Court Discusses and Applies Principles of Administrative Exhaustion, Election of Remedies, and Statute of Limitations
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In addition to being difficult to prove, employment discrimination cases are riddled with procedural minefields. One wrong step, and boom: your case is over. A recent decision, Miller v. St. Luke’s Roosevelt Hosp. Ctr. d/b/a Mount Sinai Roosevelt Hosp., No. 15-cv-7019, 2016 WL 1275066 (S.D.N.Y. Apr. 1, 2016), illustrates that in the law, seemingly mundane…

Read More Checking Wrong EEOC Box Results in Dismissal of Claim as Time-Barred
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