Employment Discrimination

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In United States v. N.Y. City Dep’t of Educ., No. 16-cv-4291, 2017 WL 435940 (S.D.N.Y. Jan. 31, 2017), an employment (race) discrimination case asserted by New York City teachers, the court recommended that defendants’ motion to dismiss be granted and denied in part. The plaintiff-teachers alleged that the principal of Pan American International High School (PAIHS),…

Read More Court Cites and Applies the Doctrine of “Constructive Involuntary Transfer” in Teachers’ Race Discrimination Case Against the New York City Department of Education
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In Jacobs v. Tannenbaum Helpern Syracuse & Hirschrit, 15-cv-10100, 2017 WL 432803 (S.D.N.Y. Jan. 30, 2017), the court dismissed plaintiff’s employment discrimination action. Plaintiff, a 72 year-old Episcopalian contract law partner, alleged that he was treated unfairly (i.e. subject to unlawful discrimination) based on his religion (under Title VII of the Civil Rights Act of…

Read More Court Dismisses Contract Law Firm Partner’s Religious & Age Discrimination Claims
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In Underwood v. Roswell Park Cancer Inst., No. 15-CV-684-FPG, 2017 WL 131740 (W.D.N.Y. Jan. 13, 2017), the court held that the plaintiff – an African American surgeon – plausibly alleged that he was subjected to a racially hostile work environment. “To state a claim for a racially hostile work environment, a plaintiff must plead facts…

Read More African American Surgeon Plausibly Alleges a Racially Hostile Work Environment
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In Yeger v. Inst. of Culinary Educ., Inc., No. 14CV8202-LTS, 2017 WL 377936 (S.D.N.Y. Jan. 25, 2017), the court dismissed plaintiff’s gender discrimination claims.[1]I wrote about the court’s discussion/analysis of the plaintiff’s FMLA retaliation claim here. This decision illustrates that even evidence of arguably disrespectful conduct/language directed at women – including, as here, the use of…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Gender Discrimination Claims
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In Yeger v. Inst. of Culinary Educ., Inc., No. 14CV8202-LTS, 2017 WL 377936 (S.D.N.Y. Jan. 25, 2017), the court granted defendants’ motion for summary judgment as to various discrimination claims (including based on plaintiff’s gender, age, and religion), but denied it in part with respect to her FMLA retaliation claim. Here I’ll focus on the court’s…

Read More FMLA Retaliation Claim Survives Summary Judgment (In Part)
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In Ghonda v. Time Warner Cable, Inc., 16-cv-2610, 2017 WL 395111 (EDNY Jan. 27, 2017) – in which plaintiff asserts claims of employment (gender) discrimination, sexual harassment, and retaliation – the court denied plaintiff’s request to quash a subpoena seeking information relating to plaintiff’s prior employer. From the Order: Plaintiff’s contention that the mere service…

Read More Court Permits “Former Employer” Discovery in Sexual Harassment Case
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In Boustany v. Xylem, Inc. et al., No. 1:15-CV-10023-GHW, 2017 WL 377939 (S.D.N.Y. Jan. 25, 2017), the court dismissed plaintiff’s Title VII sexual harassment lawsuit. This case concerns the territorial applicability of Title VII of the Civil Rights Act of 1964. The “black letter” law provides: Title VII’s protections extend to American citizens working abroad. ……

Read More Citing Title VII’s Territorial Limitations, Court Dismisses Middle Eastern Woman’s Sexual Harassment Case
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A recent New York state court decision, Fernandez v. POP Displays & Active Staffing Services (NY Sup. Ct. NY Cty. 154516/2016 Jan. 5, 2017), illustrates the limitations on the geographic reach of the New York City Human Rights Law. The court granted defendant POP Display’s motion to dismiss under CPLR 3211(a)(2) for lack of subject…

Read More Court Dismisses NYC Human Rights Law Claims (Sexual Harassment Etc.) Against Non-NYC Company
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