Employment Discrimination

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In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff failed to state claims for race and national origin discrimination. (The court did find, however, that plaintiff sufficiently alleged a hostile work environment claim.) The court noted, in particular, that “although [plaintiff’s complaint] does…

Read More Notwithstanding “Deplorable” Racially-Disparaging Remarks, Court Dismisses Race and National Origin Discrimination Claims
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In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff sufficiently alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged that, throughout his time working at the Printing Center he was…

Read More Hostile Work Environment Claim Sufficiently Alleged by Hispanic Plaintiff
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In Sivio v. Village Care Max, 18-cv-2408, 2020 WL 497513 (S.D.N.Y. January 31, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim. Initially, the court found that a reasonable jury could find that defendant improperly failed to accommodate plaintiff’s disability. It next turned to plaintiff’s disability discrimination claim,…

Read More Disability Discrimination Claim Survives Summary Judgment Against Village Care Max
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In Matter of Colon (Staffing Solutions Org. LLC – Commissioner of Labor), No. 528844, 2020 N.Y. Slip Op. 00656, 2020 WL 476389 (N.Y.A.D. 3 Dept., Jan. 30, 2020), the court upheld the denial of unemployment benefits to claimant, who resigned from her employment citing, among other things, a hostile work environment. The Department of Labor…

Read More Unemployment Benefit Denial Upheld, Notwithstanding Alleged Hostile Work Environment
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In Reichman v. City of New York, No. 2016-03043, 8141/12, 2020 WL 465159 (N.Y.A.D. 2 Dept., Jan. 29, 2020), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. Plaintiff (a self-identifying-Jewish firefighter) alleged, among other things, that a fellow firefighter made an anti-Semitic remark, and that the plaintiff was subjected to…

Read More Firefighter’s Religion-Based Hostile Work Environment Claim Dismissal Affirmed
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In Rogoff v Long Island University, No. 510388/2019, 2020 WL 337067, 2020 N.Y. Slip Op. 30147(U) (N.Y. Sup Ct, Kings County Jan. 21, 2020), the court held that plaintiff sufficiently alleged age discrimination under the New York State and City Human Rights Laws. From the decision: Turning to plaintiff’s claims based on New York State…

Read More Age Discrimination Sufficiently Alleged by Long Island University (Brooklyn) Professor, Court Holds
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In Pratt v. Megan J. Brennan, Postmaster General et al, 2020 WL 364195 (S.D.N.Y. Jan. 22, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: Here, Plaintiff has failed to plausibly allege a hostile work environment claim. Plaintiff argues that the Amended Complaint includes “allegations of harassing and discriminatory conduct,”…

Read More Hostile Work Environment Claim Dismissed Against U.S. Postal Service
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In Afrat v. Kimber Manufacturing, No. 2017-01081, 68808/15, 2020 N.Y. Slip Op. 00394, 2020 WL 356185 (N.Y.A.D. 2 Dept., Jan. 22, 2020), the Second Department affirmed the dismissal of plaintiff’s age discrimination claim. Plaintiff commenced an action in federal court, alleging age discrimination under the Age Discrimination in Employment Act of 1967 and state and…

Read More Age Discrimination Claims Properly Dismissed on Collateral Estoppel and Other Grounds
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In recent news, it has been reported that a bank called the police on a black Michigan man because it suspected fraud, upon his attempt to deposit checks – resulting from the settlement of a racial discrimination lawsuit. He is now suing the bank for engaging in race discrimination in a place of public accommodation.

Read More Ironic Lawsuit Against Bank
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In Boyce-Herbert v. New York and Presbyterian Hospital, 2020 WL 376788 (E.D.N.Y. Jan. 23, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims.[1]Initially, the court held that plaintiff’s discrimination claims were time-barred, but addressed the merits of plaintiff’s claims in an “abundance of caution.” The court listed the elements that a plaintiff must demonstrate in…

Read More Age/Race/Gender/Religious Discrimination Claims Dismissed Against NY and Presbyterian Hospital
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