Employment Discrimination

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In Comerford v. Village of North Syracuse et al, 2021 WL 950974 (N.D.N.Y. March 12, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claim. As to the “objectively severe or pervasive” prong of the analysis, the court explained: Plaintiff provided evidence of the following treatment and…

Read More Gender-Based Hostile Work Environment Claim Survives Against Village of North Syracuse et al
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From Wilson v. JPMorgan Chase Bank, N.A., James Dimon, et al, 2021 WL 918770, at *5 (S.D.N.Y., 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: [Plaintiff’s] NYSHRL hostile work environment claim fails for…

Read More Race-Based Hostile Work Environment Claims Dismissed Against Chase Bank
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In Lopez v. Bendell, No. 156292/2017, 2021 WL 826394 (N.Y. Sup Ct, New York County Mar. 03, 2021) – an employment discrimination case – the court addressed several of defendants’ discovery requests, including, inter alia,[1]While this decision also addresses defendants’ motion to compel other discovery, e.g., an independent medical examination, tax records, authorizations for government benefits,…

Read More Social Media Discovery Addressed, Limited in Employment Discrimination Case
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In Whipple v. Reed Eye Associates, 15-CV-6759L, 2021 WL 852039 (W.D.N.Y. March 8, 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim. While the court ultimately ruled against the plaintiff on the merits, this decision is nevertheless instructive as to how courts evaluate the situation where some events…

Read More Court Dismisses Sex-Based Hostile Work Environment Claims; Discusses “Out-of-Office” Conduct
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In Moazzaz v. MetLife, Inc. et al, 2021 WL 827648 (S.D.N.Y. March 4, 2021) (J. Oetken), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s discriminatory failure-to-promote claims under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). (The court also held that plaintiff sufficiently alleged…

Read More Failure-to-Promote Claims Sufficiently Alleged Against MetLife
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In Moazzaz v. MetLife, Inc. et al, 2021 WL 827648 (S.D.N.Y. March 4, 2021) (J. Oetken), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of gender-based hostile work environment under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). Here is the court’s discussion…

Read More Gender-Based Hostile Work Environment Claims Sufficiently Alleged Against MetLife
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In Echavarria v. ABM Industry Group LLC et al, 2021 WL 794944 (S.D.N.Y. Feb. 26, 2021), the court, inter alia, dismissed plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The amended complaint also fails to state a claim under the ADEA. Plaintiff’s only allegations suggesting that her age had…

Read More Federal Age Discrimination Claim Dismissed; “Retirement”, “Hag” Comments Held Insufficient
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In Rollag v. Cowen Inc. et al, 2021 WL 807210 (S.D.N.Y. March 3, 2021) – in which the plaintiff alleges that defendants discriminated and retaliated against him in violation of the Family and Medical Leave Act, 29 U.S.C. §§ 2601 et seq., Section 806 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A, and…

Read More Arbitration Compelled in Employment Discrimination Case; FAA Held to “Displace” CPLR 7515 Here
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In Echavarria v. ABM Industry Group LLC et al, 2021 WL 794944 (S.D.N.Y. Feb. 26, 2021), the court, inter alia, dismissed plaintiff’s claim of religious-based discrimination. The court explained: Plaintiff also fails to allege sufficient facts to state a claim that Defendants discriminated against her because she is Catholic. Her sole allegation of religious discrimination…

Read More Religious (Anti-Catholic) Discrimination Claim Dismissed; “God Bless You Sneer” Insufficient
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