Employment Law

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In Bilitch v. NYC Health & Hospitals Corp. et al, No. 17238/11, 2018-14913, 2021 N.Y. Slip Op. 03300, 2021 WL 2125826 (N.Y.A.D. 2 Dept. May 26, 2021), the court, inter alia, held that the employer was not entitled to summary judgment on plaintiff’s sexual harassment hostile work environment claims asserted under the New York State…

Read More Sexual Harassment Hostile Work Environment Claims Survive Summary Judgment Against NYC Health & Hospitals Corp.
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In Watkins v. NYC Transit Authority, 2021 WL 2099229 (2d Cir. May 25, 2021) (Summary Order), the Court affirmed the lower court’s order denying plaintiff’s motion for a new trial following a defense jury verdict. The court summarized the facts of the case as follows: On September 28, 2015, Watkins, a Caribbean-American Black woman, began…

Read More 2d Circuit Affirms Dismissal of Race-Based Co-Worker Hostile Work Environment Case Against NYC Transit Authority
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In Wimberly v. automotiveMastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the Americans with Disabilities Act, 42 U.S.C. §§ 12203 & 12112 (ADA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et…

Read More Title VII, ADA, GINA Claims Survive Dismissal on Administrative Exhaustion Grounds
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In Wimberly v. automotive Mastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, dismissed, under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claim asserting a racially hostile work environment under 42 U.S.C. § 1981. The law, as summarized by the court: In order to establish a hostile work environment…

Read More Section 1981 Hostile Work Environment Race Discrimination Claim Dismissed; Disproportionate Scrutiny, “Ghetto” Comments, Etc. Insufficient
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In Farid v. City of New York et al, No. 19-3463, 2021 WL 2012425 (EDNY May 20, 2021), the court, inter alia, dismissed plaintiff’s claim of retaliation under the Age Discrimination in Employment Act (ADEA). Specifically, the absence of any “adverse action” following plaintiff’s complaint of age discrimination doomed his claim: Plaintiff alleges that he…

Read More Absent Adverse Action, Retaliation Claim (Based on Age Discrimination Complaint) Dismissed
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In Abdelal v. Police Commissioner Raymond W. Kelly, City of New York, No. 20-1436, 2021 WL 2025173 (2d Cir. May 21, 2021) (Summary Order) (Walker, Leval, Chin), the court vacated the lower court’s order granting defendants’ motion for summary judgment on plaintiff’s claims of discrimination based on his Egyptian national origin, Middle Eastern ancestry, and…

Read More Egyptian / Middle Eastern / Muslim Plaintiff’s Discrimination Claim Survives Summary Judgment
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From Bernardi v. New York State Department of Corrections and Supervision et al, No. 19-cv-11867, 2021 WL 1999159 (S.D.N.Y. May 19, 2021): Here, Plaintiff alleges that his colleagues, including Rushia, told him to “go back to his own country,” made many references to Plaintiff’s immigrant status, claimed that his “guinea food stinks,” and used Italian…

Read More “Go Back to Your Country”: Hostile Work Environment Claim Survives Dismissal
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In Brightman v. Physician Affiliate Group of New York, P.C. et al, 2021 WL 1999466 (S.D.N.Y. May 19, 2021) the court, inter alia, denied (in part) defendants’ motion to dismiss plaintiff’s sex discrimination claims. From the decision: At the motion to dismiss stage, Brightman plausibly alleges Title VII and NYSHRL sex discrimination claims arising from…

Read More Pay Discrimination Claims Survive, in Part, Against Physician Affiliate Group of New York
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In Piscitelli v. Deloitte Touche Tohmatsu Services, Inc., No. 159272/20, 2021 WL 1883632 (N.Y. Sup Ct, New York County May 07, 2021), the court denied defendants’ pre-answer to dismiss plaintiff’s pregnancy discrimination claim asserted under the New York State and City Human Rights Laws. The court summarized plaintiff’s allegations as follows: In July 2018, plaintiff…

Read More Pregnancy Discrimination Claim Against Deloitte Touche Tohmatsu Services Survives Dismissal
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In Tassy v. Peter Buttigieg, U.S. Secretary of Transportation, 2021 WL 1964549 (E.D.N.Y. May 17, 2021), the court, inter alia, dismissed plaintiff’s claims that he suffered a hostile work environment because of his race, color, and national origin. After concluding that plaintiff did not allege conduct that was sufficiently “severe or pervasive”, it continued: Here,…

Read More FAA Employee’s Hostile Work Environment Claim Dismissed
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