Employment Discrimination

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In Kasparek v. New York State, Department of Corrections and Community Supervision, 16-CV-671-LJV-MWP, 2022 WL 682633 (WDNY March 8, 2022), the court, inter alia, adopted a Report and Recommendation to deny defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964.…

Read More Graffiti Penis Sexual Harassment Claim Survives Summary Judgment
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In Bautista v. Chanel, Inc., 20 Civ. 4676, 2022 WL 374496 (SDNY Feb. 8, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race and national origin discrimination asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The court…

Read More Race, National Origin Discrimination Claims Against Chanel Survive Summary Judgment; Evidence Included Derogatory Comments About Speaking Spanish
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In Omyla v. Smiletech, Inc., No. 517483/2021, 2022 WL 524944 (N.Y. Sup Ct, Kings County Feb. 14, 2022), the court, inter alia, denied the individual defendant’s (Ifraim Agababayev) motion to dismiss discrimination and harassment claims asserted under the New York State and City Human Rights Laws. In this case, plaintiff (a dental technician) asserts causes…

Read More Discrimination, Sexual Harassment Claims Sufficiently Alleged Against Individual Defendant, Court Holds
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In Scé v. City of New York, 2022 WL 598974 (2d Cir. March 1, 2022), the Second Circuit, inter alia, vacated the district court’s award of summary judgment to defendants on plaintiff’s retaliation and aiding & abetting claims asserted in his Second Amended Complaint under the New York City Human Rights Law. (The court did,…

Read More Retaliation Claim, Involving Alleged “Baseless” Sexual Harassment Investigation, Resurrected From Summary Judgment Dismissal
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In Diaz v. Champion Parking Corp., No. 151477/2021, 2022 WL 617009 (N.Y. Sup Ct, New York County Mar. 02, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims for “quid pro quo” and hostile work environment sexual harassment under the New York State and City Human Rights Laws. The court summarized the…

Read More Sexual Harassment Claims Stated Against Champion Parking Corp.
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In McKinney v. State of New York et al, 19-CV-3920, 2022 WL 602970 (S.D.N.Y. March 1, 2022), the court, inter alia, dismissed plaintiff’s (a correction officer) race-based hostile work environment claim. The court summarized the “black letter” law of this claim as follows: To state a hostile work environment claim, Plaintiff must show that Defendants’…

Read More Off-Premises Conduct Did Not Give Rise to Racially Hostile Work Environment, Court Holds
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In Wilkins v. United Parcel Service, Inc. d/b/a UPS et al, 19-cv-8180, 2022 WL 597431 (S.D.N.Y. Feb. 28, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision is a good example…

Read More Race-Based Hostile Work Environment Survives Summary Judgment Against UPS
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In Pappas v. Moody’s Investor Service, No. 15360, 158504/19, 2021-01012, 2022 N.Y. Slip Op. 01249, 2022 WL 548952 (N.Y.A.D. 1 Dept., Feb. 24, 2022), the court, inter alia, unanimously affirmed the lower court’s dismissal of plaintiff’s discrimination and retaliation claims asserted under the New York State and City Human Rights Laws (Executive Law § 296…

Read More First Department Affirms Dismissal of Discrimination & Retaliation Claims; Alleged Harasser’s Participation in Sexual Harassment Investigation Was Not “Protected Activity”
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In a resounding win for employees, Congress passed (with bipartisan support) the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021“, which bars the use of forced arbitration to address sexual assault and harassment claims in the workplace. The legislation passed the House on February 7, 2022, and the Senate on February…

Read More Congress Passes Bill to End Forced Arbitration in Cases of Sexual Assault and Sexual Harassment
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