Employment Discrimination

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In Maines et al v. Last Chance Funding, Inc. d/b/a The LCF Group et al, 2018 WL 4558408 (E.D.N.Y. Sept. 21, 2018), the court, inter alia, held that one plaintiff (Alexandre) sufficiently stated a claim for hostile work environment based on gender in a proposed amended complaint.[1]The court also held that this particular plaintiff also sufficiently alleged…

Read More Hostile Work Environment Claim Sufficiently Alleged; Claims Include Inappropriate Touching and Viewing Pornography
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As you may know, SCOTUS nominee Brett Kavanaugh stands accused of engaging in sexual misconduct against one, and possibly several, women, including Dr. Christine Blasey Ford. The allegations are based on conduct that allegedly occurred decades ago. This, predictably, has resulted in significant discussions, on social media and likely elsewhere, about the nature and likely…

Read More The Dangers of Failing to Report Workplace Sexual Harassment
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In Wolfe-Santos v NYS Gaming Com’n, No. 160963/16, 2018 WL 4350325, at *4, 2018 N.Y. Slip Op. 32247(U), 4 (Sup Ct, New York County Sep. 12, 2018), the court dismissed plaintiff’s hostile work environment claims under the NYS and NYC Human Rights Laws. Initially, the court explained the legal standards for such claims: A hostile work…

Read More Hostile Work Environment Claims Dismissed Against NYS Gaming Commission
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In Dawson v. William Brock Long, Administrator of the Federal Emergency Management Agency, 2018 WL 4519199 (S.D.N.Y. Sept. 20, 2018), the court adopted a Magistrate Judge’s Report & Recommendation that defendant’s summary judgment motion be granted on plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964. After agreeing that…

Read More Magistrate’s Dismissal of Title VII Race Discrimination Claim Against FEMA Adopted
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In Gilani v. Hewlett-Packard Company, 15-CV-5609, 2018 WL 4374002 (S.D.N.Y. Sept. 12, 2018), the court addressed the issue of whether Hewlett-Packard was plaintiff’s “employer” for purposes of Title VII and the ADEA. Plaintiff was, pursuant to employment contract, “formally” employed by a company called Insight Global and worked at an HP location. Because of the…

Read More “Temporary” Employee May Pursue Discrimination Claims Against HP
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In Berrie v. Board of Education of Port Chester-Rye Union Free School District, 2018 WL 4462587 (2d Cir. Sept. 18, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s race discrimination/hostile work environment claims. This case illustrates how courts apply the “severe or pervasive” standard when evaluating hostile work environment claims. Here, unfortunately,…

Read More Hostile Work Environment Claims Dismissed; Eleven Incidents Over Five Years Insufficient
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In Vaigasi v. Solow Management Corporation, et al. , 17-784-cv (2d Cir. Sept. 14, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s claims, including those for gender, religious, and age discrimination. As to his gender discrimination claim, the court states: Vaigasi does not plausibly allege that his gender was a basis for any of…

Read More Second Circuit Affirms Dismissal of Discrimination Claims; “Write Up” Threat Insufficient
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In  Casarella v. New York State Department of Transportation, 2018 WL 4372674 (S.D.N.Y. Sept. 13, 2018), the court, inter alia, held that plaintiff plausibly alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. “To establish a hostile work environment claim, a plaintiff must produce enough evidence to show…

Read More Hostile Work Environment Claim Survives Dismissal; Anti-Italian Slurs Were “Pervasive”
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From Casarella v. New York State Department of Transportation, 2018 WL 4372674 (S.D.N.Y. Sept. 13, 2018): Plaintiff has sufficiently alleged he is part of a protected class and that he was qualified for his position to satisfy the motion to dismiss standard. (Compl. ¶¶ 25–29.) However, whether Plaintiff sufficiently alleged that he was subject to…

Read More Plaintiff Plausibly Alleges Title VII National Origin Discrimination Claim
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In Calise v. New York State Department of Motor Vehicles, 17-cv-791, 2018 WL 4350247 (S.D.N.Y. Sept. 12, 2018), plaintiff, a white woman, asserted claims of race discrimination – based on alleged mistreatment by her boss, who is black – under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, 42 U.S.C.…

Read More Title VII Race Discrimination Claim Survives Against NYS Dept. of Motor Vehicles
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