Employment Law

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From Rettino v. NYC Dept. of Education, 2020 WL 4735299 (SDNY Aug. 14, 2020): The plaintiff’s allegations of hostile work environment that occurred after October 2017 are limited to allegations of failure to hire and retaliation. The plaintiff merely makes the conclusory statement that the school to which he had most recently been assigned denied…

Read More Age-Related Hostile Work Environment Claim Dismissed
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In Guillebeaux v. H.E.L.P. Homeless Services Corporation et al, 2020 WL 4731420 (S.D.N.Y. August 14, 2020) – a sexual harassment/hostile work environment case – the court denied plaintiff’s motion for reconsideration of the court’s earlier ruling declining to prevent a representative of defendant from attending the (remote) deposition of plaintiff. The court provides the following…

Read More Sexual Harassment Deposition May be Attended by Defendant Representative, Court Rules
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In a recent decision, Simmons v. Safeway, Inc. d/b/a Haggen Food and Pharmacy et al., 19-35715 (9th Circuit Aug. 5, 2020) (deemed “not for publication”),[1]General information about this practice here the U.S. Court of Appeals for the Ninth Circuit reversed a summary judgment granted to defendant in plaintiff’s sexual harassment case asserted under Title VII…

Read More Ninth Circuit Reinstates Sexual Harassment Case Against Safeway
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In Vucinaj v. New York City Police Department et al, 2020 WL 4677597 (SDNY Aug. 12, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: It is clear, based on Plaintiff’s testimony, that he subjectively perceived the environment at the NYPD to be hostile during his tenure. But the acts…

Read More Hostile Work Environment Claim Against NYPD Dismissed; Anti-Albanian Comments Were “Sporadic”
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In Tuan v. Flatrate Moving Network LLC, 2020 WL 4606318 (SDNY August 11, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the law as follows: To establish a hostile work environment under Title VII … a plaintiff must…

Read More Hostile Work Environment Claim Dismissed; Conduct, Including “Sarcastic” and “Belittling” Remarks, Was Sporadic
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In Chang v. Arroyave, No. 55459/2020, 2020 N.Y. Slip Op. 50910(U), 2020 WL 4690002 (Sup Ct Westchester Cty Aug. 12, 2020), the court denied defendant’s motion to dismiss plaintiff’s defamation claim. The court summarized the facts as follows: On or about April 2, 2020, attorneys for Sonia Arroyava issued a letter for settlement purposes only…

Read More Defamation Case, Arising From Threat of Discrimination/Hostile Work Environment Lawsuit, Survives Motion to Dismiss
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In a recent case, Jane Doe[s] v. JetBlue Airways Corporation et al, 2020 WL 4605216 (E.D.N.Y. Aug. 11, 2020), the court discussed and applied Title VII of the Civil Rights Act of 1964’s venue provision. The alleged facts of this case, involving the rape of female flight attendants, are horrific. However, the court did not address…

Read More Sexual Harassment Case Dismissed; Eastern District of New York Venue Improper
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In Lowman v. NVI LLC, 2020 WL 4199956 (2d Cir. July 22, 2020) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s religious discrimination case asserted under Title VII of the Civil Rights Act of 1964. Plaintiff asserted, inter alia, that defendant violated his rights under both statutes by refusing to hire…

Read More Religious Discrimination Claim Dismissal Affirmed; Deviating From Federally-Mandated SSN Disclosure Would be an “Undue Hardship”
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In Barton et al v. Warren County et al, 2020 WL 4569465 (N.D.N.Y. August 7, 2020), the court, inter alia, dismissed plaintiffs’ gender/pregnancy-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964.[1]Here, for the sake of narrowing the discussion, I’ll discuss the court’s evaluation of the claims asserted by…

Read More Pregnancy-Related Title VII Hostile Work Environment Claim Dismissed; Three Alleged Remarks in One-Month Period Insufficiently “Severe” or “Pervasive”
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A recent decision, Hager v. Steele, 2020 WL 4345735 (S.D.N.Y. July 29, 2020), provides a neat refresher of Civil Procedure basics, and could easily form the basis for a first-year law school exam – or even a Bar Exam (‘Tis the season) – question. Plaintiff initially filed the action in state court – alleging, inter…

Read More Age Discrimination Case Will Remain in Federal Court; Motion to Remand Denied
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