Employment Discrimination

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From McGuirk v. Swiss Re Financial Services Corp., 2017 WL 4857450 (2d Cir. Oct. 26, 2017) (Summary Order): We agree with McGuirk that she properly pled a hostile work environment claim, but affirm the district court’s dismissal because she failed to properly exhaust that claim before the New York State Division of Human Rights. See Leon…

Read More Hostile Work Environment Claim Properly Dismissed; While Properly Pled, Not Administratively Exhausted
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In George v. Professional Disposables Int’l, Inc., 2017 WL 4574806 (S.D.N.Y., 2017), an employment discrimination case, the court denied defendant’s motion for reconsideration of the court’s denial of defendant’s motion for summary judgment. Plaintiff alleged that he was subjected to discrimination and a hostile work environment based on his race, color, and national origin in violation…

Read More Employment Discrimination Claims Continue; Court Denies Reconsideration of Summary Judgment Denial
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In Patrizia Pelgrift, et al., Plaintiffs, v. 335 W. 41st Tavern Inc., et al., Defendants. Additional Party Names: David Sheeran, Iryna Lutsenko, Valeriya Kolisnyk, 2017 WL 4712482, at *10 (S.D.N.Y., 2017), the court held, inter alia, that a default judgment on plaintiff’s sexual harassment claims was warranted. The court summarized the law as follows: Under…

Read More Sexual Harassment Default Judgment Warranted Under “Quid Pro Quo” and “Hostile Work Environment” Theories/Paradigms
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In Featherstone v. Cornell University, 17-cv-565, 2017 WL 4736738 (NDNY Oct. 19, 2017), the court dismissed plaintiff’s Title VII discrimination, hostile work environment, and retaliation claims. Plaintiff had initially asserted her claims at the New York State Division of Human Rights, which – after an investigation – found that there was no probable cause to…

Read More Title VII Discrimination, Hostile Work Environment, Retaliation Claims Dismissed on Collateral Estoppel Grounds Following NYSDHR Dismissal
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In Venezia v. Luxottica Retail North America, Inc., Sunglass Hut Trading, LLC, 2017 WL 4772437 (2d Cir. Oct. 23, 2017) (Summary Order), the Second Circuit affirmed the lower court’s summary judgment dismissal[1]Venezia v. Luxoticca Retail North America Inc., 13-cv-4467, 2015 WL 5692146 (S.D.N.Y. Sept. 28, 2015) of plaintiff’s employment discrimination claims. Plaintiff, a white male,…

Read More Discrimination, Retaliation, Hostile Work Environment Claims Properly Dismissed Against Sunglass Hut
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In Bailey v. Sunrise Senior Living Management, Inc., 16-cv-7184, 2017 WL 4712220 (E.D.N.Y. Oct. 18, 2017), the court dismissed plaintiff’s Amended Complaint – which purportedly alleged religion and national origin discrimination – because if did not address the deficiencies resulting in the dismissal of his original complaint. Like many cases, this one falters because plaintiff…

Read More Amended Complaint Dismissed; “You Are Not A Christian” Comment Insufficient to Plausibly Allege Religion or National Origin Discrimination
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In Santiago v. Crown Heights Center for Nursing and Rehabilitation, 2017 WL 4410807, at *4 (E.D.N.Y. Sept. 30, 2017), the court held that a default judgment may be entered against an individual defendant on plaintiff’s claims of discrimination. As to plaintiff’s claims under the New York State and City Human Rights Laws, the court explained:…

Read More Employment Discrimination Claims Stated Against Individual Defendant
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In George Ful Ninying v. Fire Department, City of New York, 17-cv-688, 2017 WL 4570784 (E.D.N.Y. Oct. 11, 2017), the court dismissed – as insufficiently pled – plaintiff’s employment discrimination claims for failure to state a claim. Initially, the court explained that plaintiff sued the wrong entity (the FDNY). Specifically, the FDNY may not be…

Read More Employment Discrimination Claims Dismissed Against FDNY
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In Reid et al v. County of Erie, 2017 WL 4676833 (WDNY Oct. 16, 2017), the court dismissed plaintiff’s race discrimination case, finding that the “written warning” plaintiff received was not an “adverse employment action.” The court explained, inter alia, that (generally), “[n]egative performance evaluations, formal reprimands, and counseling memoranda are not adverse employment actions…

Read More Written Warning Was Not an “Adverse Employment Action”; Race Discrimination Claim Dismissed
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From Lufuluabo v. Nord Anglia Educ. Inc., 2017 NY Slip Op 32175(U) (Sup.  Ct. NY Cty. Index # 159102/16 Oct. 16, 2017): Plaintiff has stated a potentially meritorious claim for discrimination under the NYCHRL. She is a member of a protected class and filed multiple complaints about comments by other employees, lack of diversity, and the negative treatment of…

Read More Plaintiff States Race Discrimination Claims Under the NYS and NYC Human Rights Laws
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