Employment Discrimination

by

In Nokaj v. North East Dental Management, LLC et al, 16-cv-3035, 2019 WL 634656 (S.D.N.Y. Feb. 14, 2019), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s claim of “aiding and abetting” discrimination (sexual harassment) under the New York State Human Rights Law. The court holds that plaintiff may maintain an “aiding…

Read More Aiding & Abetting Sexual Harassment Claim, Based on Supervisor Inaction, Survives Summary Judgment
Share This:
by

In Baker v. Medical Answering Services, LLC, 18-cv-00870, 2019 WL 634654 (N.D.N.Y. Feb. 14, 2019), the court dismissed plaintiff’s employment discrimination complaint, finding that plaintiff did not sufficiently allege a violation of Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has, however, failed to plausibly allege circumstances giving rise to…

Read More Inference of Discrimination Not Sufficiently Alleged; Employment Discrimination Complaint Dismissed
Share This:
by

From Petterson v. State University of New York at Stony Brook, 2019 WL 367840, at *7 (E.D.N.Y. Jan. 30, 2019): While the alleged statements, such as “Barbara’s bush” and “sucking dick” by themselves are insufficient to show a hostile work environment, when coupled with the other evidence presented, a jury could conclude that Plaintiff was subjected…

Read More Hostile Work Environment Claim Survives Summary Judgment; Court Cites Derogatory Terms and Threatening Behavior
Share This:
by

In Canosa v. Harvey Weinstein et al, 2019 WL 498865 (S.D.N.Y. 2019), the court, inter alia, clarified that sexual harassment is a form of “discrimination” under federal law (Title VII of the Civil Rights Act of 1964) and the New York State and City Human Rights Laws, and does not constitute an independent common-law tort.…

Read More Sexual Harassment is a Statutory Claim, Not a Common-Law Tort, Court Explains
Share This:
by

In Saudagar v. Walgreens Co. and Duane Reade Inc., 2019 WL 498349 (S.D.N.Y. Feb. 8, 2019), the court (inter alia) applied the “election of remedies” doctrine to dismiss plaintiff’s discrimination claim under the New York City Human Rights Law. The court explained that under this doctrine, “a complainant who files a complaint with either the…

Read More “Election of Remedies” Doctrine Bars NYC Human Rights Law Hostile Work Environment Claim
Share This:
by

In a recent decision, Wittmer v. Phillips 66 Company, 18-20251 (5th Cir. Feb. 6, 2019), the U.S. Court of Appeals for the Fifth Circuit held that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination “because of … sex” does not protect against discrimination based on transgender status. In light of other…

Read More Fifth Circuit: Title VII Does Not Protect Against Transgender Discrimination
Share This:
by

In Cubelo v. City of New York, 2019 NY Slip Op 00689 (App. Div. 1st Dept. Jan. 31, 2019), the court affirmed the dismissal of plaintiff’s discrimination and retaliation claims. Plaintiff – who was born in Spain – alleged that he was “passed over for several promotions in his employment as a civil engineer with…

Read More Court Affirms Dismissal of Engineer’s Discrimination and Retaliation Claims
Share This:
by

In Sims v Trustees of Columbia University, No. 156566/13, 8262, 2019 N.Y. Slip Op. 00672, 2019 WL 385366 (N.Y.A.D. 1 Dept., Jan. 31, 2019), the Appellate Division, First Department held that the lower court properly dismissed plaintiff’s discrimination and retaliation, but not plaintiff’s hostile work environment, claims. As to plaintiff’s hostile work environment claims, the court…

Read More “Bubbles” Chimp Hostile Work Environment Claim Resurrected From Summary Judgment Dismissal
Share This:
by

In Clark v. Allen & Overy LLP, 2019 NY Slip Op 30146(U) ,Index No. 453138/2017 (Sup. Ct. NY Cty. Jan. 16, 2019) – an employment discrimination case including allegations of retaliatory discharge and sexual harassment (among many others) – the court dismissed, inter alia, dismissed plaintiff’s “breach of attorney client privilege” claim. Plaintiff claimed that “while working with…

Read More Court: No Cause of Action for “Breach of Attorney Client Privilege”
Share This:
by

From Deutsch v. City of New York Dept. of Envtl. Protection, 2019 NY Slip Op 30063(U), Index 161139/2017 (NY Sup. Ct. NY Cty. Jan. 7, 2019): Furthermore, none of the complaint allegations suggest that plaintiff complained about something that his employer was doing that would fall into the category of creating and presenting a danger to the public health…

Read More Whistleblower (Labor Law 740) Claim Dismissed Against NYC DEP
Share This: