In Rella v. New York State Office of Mental Health, 2020 WL 918767 (N.D.N.Y. Feb. 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged a claim for hostile work environment under the Americans with Disabilities Act. After rejecting defendant’s argument that such claims are not cognizable under the ADA, the court turned to…
Read More Disability-Based Hostile Work Environment Claim Stated, Court HoldsIn Hernandez v. Harvard Maintenance, 20-CV-0083, 2020 WL 815721 (S.D.N.Y. Feb. 19, 2020), the court summarized what a plaintiff must plead in order to state a claim under Title VII of the Civil Rights Act of 1964. The court wrote: Title VII provides that “[i]t shall be an unlawful employment practice for an employer ……
Read More Title VII Pleading Standard SummarizedIn Adeniji v. U.S. Department of Commerce Census Bureau NY Regional Office, 2020 WL 882166 (S.D.N.Y. 2020), the court dismissed the claims by plaintiff – a Census Bureau employee – for employment discrimination. Initially, the court dismissed plaintiff’s claims of discrimination under 42 U.S.C. § 1981, the NYS Human Rights Law, and the New York…
Read More Census Bureau Employee’s Employment Discrimination Claims DismissedIt has been reported that Michael Bloomberg will permit his company to release 3 women who complained about certain comments from non-disclosure agreements they had signed. The above article quotes Mr. Bloomberg as saying: If any of them want to be released from their NDA so that they can talk about those allegations, they should…
Read More Bloomberg to Permit Women to Seek Releases from NDAsIn Averbeck v. Culinary Inst. of Am., 2020 NY Slip Op 01139 (App. Div. 2d Dept. Feb. 19, 2020), the court affirmed the dismissal of plaintiff’s national origin discrimination claim against the Culinary Institute of America. Plaintiff, who was born and raised in Germany, was employed by Culinary Institute of America, from November 2004 through May…
Read More Employment Discrimination Claim Against Culinary Institute of America DismissedFrom Ajoku v New York State Office of Temporary Disability Assistance, No. 159104/18, 2020 WL 886160, at *4 (N.Y. Sup Ct, New York County Feb. 20, 2020): [T]he court declines to dismiss plaintiff’s hostile work environment claim against OTDA and Contento. A racially hostile work environment exists under the NYSHRL “[w]hen the workplace is permeated…
Read More Nigerian Man’s Race-Based Hostile Work Environment Claim Survives DismissalIn Matter of New York State Unified Ct. Sys. v. New York State Div. of Human Rights, 2020 NY Slip Op 01252 (App. Div. 1st Dept. Feb. 20, 2020), the court upheld a finding of disability discrimination on behalf of a hearing-impaired court officer. From the decision: The Commissioner’s finding of discrimination is supported by…
Read More Court Upholds Finding of Disability Discrimination of Court OfficerIn the employment discrimination context, one issue that typically arises is whether an employee has sustained an actionable “adverse employment action.” Not every action that might be perceived as negative or otherwise disadvantageous qualifies. A recent example of a court addressing this issue is Dedjoe v. Dr. Mark T. Esper, in his official capacity as…
Read More Retaliation Dismissal Affirmed; Being Told to “Cool Off” Not an “Adverse Employment Action”In Raucci v. Center for Disability Services, Inc., 19-cv-1002, 2020 WL 777269 (N.D.N.Y. Feb. 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: In the present matter, the Court finds that Plaintiff has failed to plead facts alleging that she suffered abuse rising to the level of a hostile…
Read More Hostile Work Environment Claim Dismissed Against Center for Disability ServicesIn Garcia v. Yonkers Board of Education, 2020 WL 747916 (2d Cir. Feb. 14, 2020) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Specifically, plaintiff alleged that she was brought up on disciplinary charges…
Read More Retaliation Claim Dismissal Affirmed; 3020-a Hearing’s Factual Findings Given Preclusive Effect