Employment Discrimination

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In Barr v. Bass Pro Outdoor World, LLC, 17-cv-00378, 2019 WL 6828987 (N.D.N.Y. Dec. 13, 2019), the court granted summary judgment for defendant on plaintiff’s race-based hostile work environment claim. This case involves, inter alia, the application of the so-called “continuing violation doctrine”, and in particular the scenario where a portion of the alleged hostile…

Read More Hostile Work Environment Claim Held Time-Barred; Time Not Working for Defendant Couldn’t Be Considered
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In Matter of Tenenbein v. New York City Dept. of Educ., 2019 NY Slip Op 08940 (App. Div. 1st Dept. Dec. 12, 2019), the court affirmed the dismissal of claims asserted by the plaintiff – a probationary employee – under the New York Civil Service Law (§ 75-b), and the New York City Human Rights…

Read More Probationary Teacher’s Termination Upheld; Alleged Learning Disability Did Not Form Basis For Discrimination Claim
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In Sripirom v. Rivers Casino and Resort, 2019 WL 6711387 (NDNY Dec. 10, 2019), the court adopted a Report and Recommendation dismissing plaintiff’s employment discrimination claim. The court recited the well-known rule that “[g]enerally, to satisfactorily plead a claim of employment discrimination under Title VII [of the Civil Rights Act of 1964], absent direct evidence…

Read More #%@&! Termination for Swearing Insufficient to State Discrimination Claim
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In Wilson v. Lenox Hill Hospital/Northwell Health, 2019 WL 6726304 (E.D.N.Y. Dec. 11, 2019), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. The court summarized the law as follows (internal quotation marks and citations omitted; paragraphing altered):…

Read More Retaliation Claims Dismissed; Anonymous Complaint Insufficient
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In Wiggins v. The Garden City Golf Club, 2019 WL 6716750 (EDNY Dec. 10, 2019), the court, inter alia, held that plaintiff did not make out a race-based hostile work environment claim. Plaintiff (who is black), who worked for defendant as a caddy, claimed that he was subject to discrimination when a white employee placed…

Read More Race Discrimination Claim Dismissed; “Crude” etc. Conduct Was Not Discriminatory
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In Lenzi v. Systemax, Inc., No. 18-979, 2019 WL 6646630 (2d Cir. Dec. 6, 2019), the court, inter alia, reinstated plaintiff’s claims – dismissed below by summary judgment – of pay discrimination, pregnancy discrimination, and retaliation claims under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that defendants paid her…

Read More 2d Circuit Revives Title VII Pay Discrimination Claim
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In Ellison v. Chartis Claims, Inc., 2019 NY Slip Op 08654 (App. Div. 2d Dept. Dec. 4, 2019), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim. The court summarized the law of discrimination under the New York City Human Rights Law: Under the NYCHRL, unlawful discrimination must play “no role” in…

Read More Court Affirms Dismissal of NYCHRL Discrimination Claim
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In Jean-Pierre v. Citizen Watch Company of America, Inc., 18-CV-0507, 2019 WL 5887479 (S.D.N.Y., 2019), the court – invoking the principle that Title VII of the Civil Rights Act of 1964 is not a “general civility code for the American workplace” – dismissed plaintiff’s discrimination claims. It summarized the law in this regard: In determining…

Read More Discrimination Claims Dismissed; While “Inappropriate”, Comments Were Non-Actionable
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In Katz v. The New York Historical Society, 19-CV-8637, 2019 WL 6529325 (S.D.N.Y. Dec. 3, 2019), the court dismissed plaintiff’s age discrimination complaint, which it construed as asserting claims under the Age Discrimination in Employment Act of 1967 (ADEA). As to the substantive law, the court explained: The ADEA makes it unlawful for an employer…

Read More Age Discrimination: A Dismissal and Some Judicial Guidance for the Amended Complaint
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In Pustilnik v. Battery Park City Authority et al, 18-CV-9446, 2019 WL 6498711 (S.D.N.Y. Dec. 3, 2019), the court, inter alia, granted defendant’s motion to dismiss – under Federal Rule of Civil Procedure 12(b)(6) – plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). From the decision: [Plaintiff]’s Complaint is devoid of facts…

Read More Disability Discrimination Claim Dismissed; Mere Knowledge of Disability Insufficient
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