Employment Discrimination

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In Wilson v. JPMorgan Chase Bank, N.A., et al, 20-cv-4558, 2021 WL 5179914 (S.D.N.Y. Nov. 8, 2021), the court, inter alia, held that plaintiff sufficiently (i.e., plausibly) alleged a race-based hostile work environment under the New York State and City Human Rights Laws. Beginning with the City Law, the court explained: [Plaintiff’s Second Amended Complaint]…

Read More Race-Based Hostile Work Environment Sufficiently Alleged Against JPMorgan Chase Bank Under the NYS and NYC Human Rights Law
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In Stalling v. FINRA, 21-CV-8390, 2021 WL 5166406 (S.D.N.Y. Nov. 5, 2021), the court, inter alia, dismissed plaintiff’s “failure to hire” discrimination claim as insufficiently alleged. The court explained the governing law (substantive and procedural) as follows: Title VII provides that “[i]t shall be an unlawful employment practice for an employer … to fail or…

Read More Race and Sex Discrimination Claims Dismissed Against FINRA
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In Kalarickal v. Denis McDonough, Secretary, Department of Veterans Affairs, 20-cv-10249, 2021 WL 5112907 (S.D.N.Y. Nov. 3, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim (in one respect). Plaintiff, a former contract employee (radiology technician) who worked for the U.S. Department of Veterans Affairs, asserted various forms of discrimination and…

Read More Retaliation Claim, Arising From Termination Weeks After Discrimination Complaint, Survives Dismissal
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In Kalarickal v. Denis McDonough, Secretary, Department of Veterans Affairs, 20-cv-10249, 2021 WL 5112907 (S.D.N.Y. Nov. 3, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim on the basis of his age, color, disability, national origin, race, and religion. This case illustrates that a “hostile work environment” does not exist merely by virtue…

Read More Hostile Work Environment Claim Dismissed; Allegations of “Burdensome” Work Schedule, Swearing, and Thrown Phone Held Insufficient
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Recently, New York’s legislature amended New York’s notoriously narrow “whistleblower law,” N.Y. Labor Law 740. Governor Hochul signed the new law on October 28, 2021; they take effect 90 days thereafter (i.e., on January 26, 2022). There are a number of changes to the statute, which include, but are not limited to: Broadening the definition…

Read More Amendments to New York’s Whistleblower Statute, N.Y. Labor Law 740
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In Arbouin v. Bob’s Discount Furniture, LLC, 20-CV-1893, 2021 WL 4458932 (E.D.N.Y. Sept. 29, 2021), the court, inter alia, held that plaintiff sufficiently (i.e., plausibly) alleged a retaliation claim, arising from her complaints of sexual harassment. Marching through the elements of a retaliation claim, namely, (1) protected activity, (2) adverse employment action, and (3) a…

Read More Retaliation Claim, Arising From Sexual Harassment Complaints, Survives Dismissal
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In Nakeshia Nikki Jones v. Industry One Mobile, Inc, 19-01023, 2021 WL 4955905 (S.D. Ala. Oct. 8, 2021), the court, inter alia, recommended that the court grant (as a sanction) plaintiff’s motion for a default judgment on her claim for sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Sexual Harassment Allegations, That Boss Terminated Plaintiff For Rejecting Sexual Advances, Sufficient
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In Berry v. Town of Front Royal, Virginia, 21-cv-00001, 2021 WL 4895204 (W.D. Va. Oct. 20, 2021) – a sexual harassment and retaliation case involving allegations of unwanted touching and inappropriate remarks – the court granted plaintiff’s motion to compel discovery. At issue were two document requests: 27. All documents submitted by Defendant to, or…

Read More Court Grants Motion to Compel Discovery Regarding Other Instances of Sexual Harassment
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In Patalonis v. Outreach Development Corp., 19-CV-01306, 2021 WL 5013796 (E.D.N.Y. Oct. 27, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religious discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. As to Title VII, the court explained: To establish…

Read More Religious Discrimination Claims Survive Dismissal; Termination Followed Advising Patient to Pray
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In Lemanski v. SFM Realty Corp., No. 150261/2021, 2021 WL 4973959 (N.Y. Sup Ct, New York County Oct. 26, 2021), the court, inter alia, held that plaintiff stated claims for gender- and religion-based discrimination (but not age discrimination) under the New York City Human Rights Law. From the decision: The sole element of plaintiff’s prima…

Read More Gender & Religious Discrimination Claims Sufficiently Alleged on “Disparate Discipline” Theory
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