Employment Discrimination

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In Tarantul v. New York City Health and Hospitals Corp., No. 159425/2020, 2022 WL 159587 (N.Y. Sup Ct, New York County Jan. 18, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s “caregiver status” discrimination claim asserted under the New York City Human Rights Law, finding that such claim was sufficiently alleged. (The…

Read More Caregiver-Status Discrimination Claim Sufficiently Alleged Against NYC Health & Hospitals Corp.
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In Sedhom v. SUNY Downstate Medical Center, et al., No. 15080, 1555837/17, 2020-04443, 2022 N.Y. Slip Op. 00292, 2022 WL 150794 (N.Y.A.D. 1 Dept., Jan. 18, 2022), the court unanimously affirmed the dismissal of plaintiff’s age-based discrimination and hostile work environment claims. In sum, plaintiff contends that defendants discriminated against her and terminated her employment on the…

Read More Age Discrimination Claims Dismissed Against SUNY Downstate Medical Center
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In Samuel v. Devachan Hair and Spa, Inc., No. 150598/2020, 2022 WL 103412 (N.Y. Sup Ct, New York County Jan. 05, 2022), the court, inter alia, held that plaintiff sufficiently alleged a “hybrid” – here, race-plus-gender – discrimination claim asserted under the New York City Human Rights Law. From the decision: Defendants move to dismiss…

Read More Race-Plus-Gender Claim Survives Dismissal Under NYC Human Rights Law
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A recent federal court decision, Qorrolli v. Metropolitan Dental Associates, D.D.S. – 225 Broadway, P.C. et al, 18-cv-6836, 2022 WL 125823 (S.D.N.Y., 2022), is instructive as to the mechanics of the “motion for reconsideration” in federal practice. Here, plaintiff seeks reconsideration of the court’s dismissal of her retaliation claims under Title VII of the Civil…

Read More Motion For Reconsideration Denied in Sexual Harassment/Retaliation Case
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In Farber Schneider Ferrari LLP v. Slowik, No. 157630/2019, 2022 WL 114106 (N.Y. Sup Ct, New York County Jan. 12, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims for hostile work environment and sexual harassment. From the decision: Defendants’ motion to dismiss the cause of action alleging violations of the State…

Read More Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Based on Pejorative Hispanic Comments, Pornographic Images
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A recent Second Circuit case, Boyar v. Janet L. Yellen, Secretary of the Department of the Treasury, Internal Revenue Service, 2022 WL 120356 (2d Cir. Jan. 13, 2022), illustrates a key point in employment discrimination law: namely, that a “work environment” that is or may be “hostile” in the ordinary, dictionary sense is not necessarily…

Read More Hostile Work Environment Claim Dismissal Against IRS Affirmed
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In Lax v. The City University of New York, 20-3906-cv, 2022 WL 103315 (2d Cir. Jan. 11, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s claim of a religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In order to establish a hostile…

Read More CUNY Professor’s Religion-Based Hostile Work Environment Claim Dismissal Affirmed
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In Huffman v. Brooklyn College, The City University of New York and Anne Lopes, No. 20-CV-06156, 2022 WL 43766 (E.D.N.Y. Jan. 5, 2022), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights…

Read More CUNY Italian Professor’s Age Discrimination Claims Sufficiently Alleged
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In Huffman v. Brooklyn College, The City University of New York and Anne Lopes, No. 20-CV-06156, 2022 WL 43766 (E.D.N.Y. Jan. 5, 2022), the court, inter alia, denied defendants’ motions to dismiss plaintiff’s national origin- and age-based discrimination claims. As to plaintiff’s national origin discrimination claims, the court explained: The court has little difficulty concluding…

Read More CUNY Italian Professor’s National Origin Discrimination Claims Sufficiently Alleged
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In Basso v. Willow Run Foods, Inc., No. 3:21-cv-00811, 2022 WL 35927 (N.D.N.Y. Jan. 03, 2022), the court, inter alia, held that plaintiff sufficiently alleged disability discrimination under the Americans with Disabilities Act (ADA). From the decision: Willow Run’s first assertion, that Basso fails to allege an adverse employment action, is simply incorrect. Plaintiff clearly…

Read More Crohn’s Disease Suffering Plaintiff Sufficiently Alleges ADA Disability Discrimination Claim, Court Holds
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