Employment Law

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In Cain v. Denis Richard McDonough, Secretary of Veterans Affairs, Department of Veterans Affairs, 2024 WL 5165548 (2d Cir. Dec. 19, 2024), the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s award of summary judgment to defendant on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights…

Read More Adequate Response to Co-Worker’s Alleged Harassment Properly Resulted in Dismissal of Plaintiff’s Title VII Hostile Work Environment Claim, 2nd Circuit Holds
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In UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. MCLANE/EASTERN, INC., doing business as McLane Northeast, Defendant., 2024 WL 5153167, at *6 (N.D.N.Y., 2024), the court, inter alia, denied defendant’s motion for a new trial, finding that the jury’s award of emotional distress damages in the amount of $150,000 was not excessive. From the decision:…

Read More Court Upholds $150,000 Award to Discrimination Plaintiff in “Garden Variety” Case
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In Troeger v. JetBlue Airways Corp., 2024 WL 5146185 (S.D.N.Y. December 17, 2024), the court denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law, the court applied it to the facts as follows: Here, Troeger does not allege…

Read More Hostile Work Environment Claim Survives Dismissal Against JetBlue, Court Holds
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In Sanchez v. New York City Housing Authority, 23-CV-8683 (JMF), 2024 WL 5119372 (S.D.N.Y. Dec. 16, 2024), the court, inter alia, granted summary judgment to defendant on plaintiff’s sex-based hostile work environment claims. From the decision: Next, Sanchez brings a hostile work environment claim under Title VII. To survive summary judgment on a hostile work…

Read More Sex-Based Hostile Work Environment Claims Dismissed; Employer’s Action Prevented Imputing Alleged Conduct
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In LaChapel v. Brio Solar Energy, LLC et al, 2024 WL 5089561 (N.D.Tex. Dec. 12, 2024), the court denied plaintiff’s motion for a default judgment on his hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: LaChapel fails to state a cognizable claim for a hostile work…

Read More Hostile Work Environment Claim Fails, as Alleged Discriminatory Statements Were Not “Directed At” Plaintiff
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In Kueh v. New York and Presbyterian Hospital, 2024 WL 4882172 (S.D.N.Y. Nov. 25, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate religion claim under Title VII of the Civil Rights Act of 1964. From the decision: The second and third causes of action allege failure to accommodate under Title VII…

Read More Vaccine-Related Failure-to-Accommodate Religion Claim Survives Dismissal, Court Holds
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In Yerdon v. New York State Department of Motor Vehicles, 20 F.4th 1150 (2d Cir. 2024), the U.S. Court of Appeals for the Second Circuit held that the Eleventh Amendment barred plaintiff’s claim of disability discrimination unser the Americans with Disabilities Act (ADA). From the decision: Because Congress did not identify a history and pattern…

Read More Eleventh Amendment Bars ADA Disability Discrimination Claim Against NY DMV, Second Circuit Holds
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In Moore v. XWELL, Inc., No. 650891/2024, 2024 WL 5057101 (N.Y. Sup Ct, New York County Dec. 6, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of discrimination asserted under New York Labor Law § 201-d. Here, plaintiff alleges that, on June 13, 2023, her managers told plaintiff that she smelled…

Read More Employee Terminated For “Smelling Like Cannabis” Sufficiently Alleges Claim Under NY Labor Law § 201-d
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In Goldzweig v. Consolidated Edison Company of New York, Inc., 2024 WL 5056350 (S.D.N.Y. Dec. 10, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of gender discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…

Read More Sex Discrimination Claims Dismissed Against Con Edison
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In Sabic-El-Rayess v. Teachers College, Columbia University, 24-CV-2891 (JMF), 2024 WL 4988408 (S.D.N.Y., 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of religious discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: By contrast, the Court concludes that Dr. Sabic-El-Rayess’s allegations are sufficient to state…

Read More Religious Discrimination Claims Against Columbia Survive Dismissal
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