Employment Law

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In Crews v. The City of Ithaca et al, 2021 WL 257120 (N.D.N.Y. Jan. 26, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim – which was based, in part, on plaintiff’s co-workers creating a fake ID that included Plaintiff’s picture with the name “McLovin” printed on the ID (which was a reference to…

Read More “McLovin” Fake ID, While Inappropriate, Did Not Give Rise to a Hostile Work Environment Claim
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In Williams v. Rhythm of Life Corp., No. 652707/2020, 2021 WL 143487, 2021 N.Y. Slip Op. 30139(U) (N.Y. Sup Ct, New York County Jan. 14, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s breach-of-contract claim arising from his alleged wrongful termination. In sum, in this case plaintiff asserts “that the defendant wrongfully…

Read More Dance Teacher Stated Claim For Breach of Contract Following Termination For Allegedly False Accusations of Sexual Harassment
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In Massaro v. The Board of Education of the City School District of the City of New York, et al, 2021 WL 184364, at *6 (S.D.N.Y. Jan. 19, 2021), the court, inter alia, held that plaintiff presented sufficient evidence to survive summary judgment (in part) on her retaliation claim under the Age Discrimination in Employment Act,…

Read More ADEA Retaliation Claim, Arising From Denial of Substitute Teaching Application Following EEOC Charge, Survives Summary Judgment
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In Thompson v. Corizon Health, Inc., et al, 18 Civ. 7139, 2021 WL 105767 (S.D.N.Y. Jan. 12, 2021), the court, inter alia, held that plaintiff presented enough facts to survive summary judgment on her sexual harassment claim under the New York City Human Rights Law. From the decision: The parties do not dispute that Plaintiffs…

Read More Sexual Harassment Case, Arising From Inmate Harassment, Survives Summary Judgment
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In Gilbert v. Indeed, Inc., et al., 2021 WL 169111 (S.D.N.Y. Jan. 19, 2021), the court, inter alia, granted defendant Indeed’s motion to compel arbitration of plaintiff’s sexual harassment claims. Plaintiff’s complaint contains allegations of horrific sexual harassment, including rape. In addressing the enforceability, under New York law, of an agreement to arbitrate statutory discrimination…

Read More Court Compels Arbitration of Sexual Harassment Claims Against Indeed
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In Kunik v. N.Y.C. Dep’t of Educ., 20-741-cv (2d Cir. Jan. 15, 2021) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s age and religion-based hostile work environment and constructive discharge claims. From the Order: The district court correctly determined that Kunik’s amended complaint failed to state a claim for hostile work environment…

Read More Hostile Work Environment Claims Properly Dismissed; Reliance on Defendants’ “Demeanor” Insufficient
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In Karayiorgou v. The Trustees of Columbia University, No. 150788/18, 2021 WL 143472 (N.Y. Sup Ct, New York County Jan. 14, 2021), the court, inter alia, held that plaintiff’s “marital status” discrimination claim under the New York City Human Rights Law survived summary judgment. From the decision: Defendants are not entitled to summary judgment dismissing…

Read More Marital Status Discrimination Claim Survives Against Columbia University
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In Ramos v. Metro N. Commuter R.R., 2021 NY Slip Op 00272 (App. Div. 1st Dept. Jan. 19, 2021), the court held that plaintiff – contrary to the lower court’s determination – presented enough evidence to create a triable issue of fact as to her employment discrimination, hostile work environment, and retaliation claims against the…

Read More Discrimination, Hostile Work Environment, and Retaliation Claims Against MTA Survive Summary Judgement
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In Sakthivel v. Industrious Staffing Co., LLC, No. 650435/2020, 2021 WL 53146, 2021 N.Y. Slip Op. 30025(U), 4–5 (N.Y. Sup Ct, New York County Jan. 06, 2021), the court dismissed plaintiff’s claims of wrongful termination  under the New York Labor Law (specifically, NY Labor Law §§ 215, 740(2)). From the decision: Plaintiff alleges a workplace…

Read More Workplace Assault, Followed by Termination, Held Insufficient to Make Out NY Labor Law Whistleblower/Retaliation Claims
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