Employment Discrimination

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In Russell v. Aid to Developmentally Disabled, Inc., 17-3417 (2d Cir. Oct. 18, 2018) (Summary Order), the court affirmed the lower court’s dismissal of plaintiff’s gender discrimination claim under Title VII of the Civil Rights Act of 1964. Under that statute, “a plaintiff must first make out a prima facie case of discrimination by showing that…

Read More Citing Lack of Comparator Evidence, 2d Circuit Affirms Dismissal of Title VII Gender Discrimination Case
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A recent case, decided by the Eastern District of New York on October 17, 2018, illustrates what does – and, as relevant here, does not – qualify as a “hostile work environment.” The decision is Thompson v. MTA New York City Transit et al, 17-cv-5857, 2018 WL 5045762 (E.D.N.Y. Oct. 17, 2018). The court outlines…

Read More Hostile Work Environment Claim Dismissed; While “Tasteless and Offensive”, Messages Were Not Related to a Protected Class
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In Yaghi v. Pioneer Bank, 16-cv-663, 2018 WL 4903226 (N.D.N.Y. Oct. 9, 2018), the court dismissed plaintiff’s claims of discrimination, retaliation, and hostile work environment. As to the plaintiff’s hostile work environment claim, the court explained: Even construing Plaintiff’s Amended Complaint and his arguments in opposition to summary judgment broadly, there are only two events…

Read More Title VII Hostile Work Environment Claim Dismissed; “Be Careful of Those Arabs” Comment Insufficient
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In Jain v. Tokio Marine Management Inc., 2018 WL 4636842, (S.D.N.Y. Sept. 27, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination (promotion denial and termination). In sum, plaintiff – of Indian descent – asserted claims of discriminatory failure to promote, discriminatory termination, retaliatory failure to promote, and retaliatory…

Read More Race/National Origin Discrimination Case Survives Summary Judgment
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In Parsons v. JPMorgan Chase Bank, N.A., 16-CV-0408, 2018 WL 4861379 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s age discrimination claims. This case teaches us that replacement by a younger worker does not necessarily (but, in an appropriate case, may) substantiate a claim for discrimination based…

Read More Age Discrimination Claims Dismissed, Despite Younger Replacement
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In Parsons v. JPMorgan Chase Bank, N.A., 16-CV-0408, 2018 WL 4861379 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims. Plaintiff alleged, for example, that she witnessed one person make disparaging comments about African-American employees’ hair and dress, and “listened to her direct…

Read More Race-Based Hostile Work Environment Claims Dismissed; Conduct Was Merely “Mildly Offensive”
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In Menaker v. Hofstra University, 17-cv-5562, 2018 WL 4636818 (E.D.N.Y. Sept. 26, 2018), the court granted defendant’s motion, under Federal Rule of Civil Procedure 12(b)(6), to dismiss plaintiff’s gender discrimination complaint against Hofstra University. In sum, defendant fired plaintiff (defendant’s Director of Tennis and Head Coach of men’s and women’s varsity tennis teams) for “unprofessional conduct”…

Read More Court Dismisses Hofstra Tennis Director’s Gender Discrimination Complaint Dismissed; Misconduct Allegations, Not Gender, Were Reason for Termination
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In a recent case, Aguilar v. Struhl-Nasjletti, 2018 NY Slip Op 32410(U) (NY Sup. Ct. Bx. Cty Index 0023250/2016 May 18, 2018), the court held, inter alia, that plaintiff guidance counselor sufficiently alleged a retaliation claim under the New York City Human Rights Law. In sum, plaintiff alleged that after filing a lawsuit in 2012 accusing…

Read More Retaliation Claim Sufficiently Alleged Against Principal Under the NYC Human Rights Law
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In a recently-filed lawsuit, the U.S. Equal Employment Opportunity Commission asserts that a well-known restaurant, Christini’s, created, permitted, and encouraged a sex-based hostile work environment for a female bartender – including that the owner propositioned her for dates, subjected to sexual innuendo, and told to dress “sexy” and “date ready” – and then terminated her…

Read More EEOC Sues Christini’s Ristorante Italiano for Gender Discrimination
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