Employment Law

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Ordinarily I write about decisions issued by New York state courts, federal district courts located in New York, the U.S. Court of Appeals for the 2nd Circuit, and, of course, the U.S. Supreme Court. Here, however, I’ll make an exception and stray from these jurisdictional/geographic limits, in order to discuss a decision issued by the…

Read More “N-Word” Did Not Give Rise to Hostile Work Environment: SCOTUS-Nominee Amy Coney Barrett
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In Torre et al v. Charter Communications, Inc. d/b/a Spectrum, 2020 WL 5982684 (S.D.N.Y. October 8, 2020), the court, inter alia, held that plaintiff sufficiently alleged sex and age discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State and City Human Rights…

Read More Reporters Sufficiently Allege Sex and Age Discrimination (Specifically the Existence of “Adverse Employment Actions”) Against Spectrum
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In Breland v. City of New York, No. 152046/2020, 2020 WL 5644943, 2020 N.Y. Slip Op. 33099(U), 3–4 (N.Y. Sup Ct, New York County Sep. 22, 2020), an employment discrimination case, the court granted defendants’ motion to extend their time to answer, move, or otherwise respond to plaintiff’s complaint. The court explained: Pursuant to CPLR…

Read More Employment Discrimination Defendant’s Time to Answer Extended
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In Torre et al v. Charter Communications, Inc. d/b/a Spectrum, 2020 WL 5982684 (S.D.N.Y. October 8, 2020), the court, inter alia, held that plaintiff sufficiently alleged her disparate-pay discrimination claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, and the New York State and City Human Rights Laws. After…

Read More Pay Discrimination Claims Sufficiently Alleged Against Charter Communications d/b/a Spectrum
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In Hodge v. ABACO, LLC, 20-1186-cv (2d Cir. Oct. 9, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. Here, the bad things that plaintiff alleged happened to her did not amount…

Read More Retaliation Claim Dismissal Affirmed; Exclusion From Meetings and Other Vaguely-Alleged Conduct Did Not Qualify as “Adverse Employment Actions”
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In Rodriguez v. County of Nassau, Nassau County Commission on Human Rights, 2020 WL 5948904 (2d Cir. Oct. 8, 2020) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s gender and national origin-based hostile work environment claim. After outlining the “black-letter law” relating to this claim, the court summarized plaintiff’s contentions: In support…

Read More Hostile Work Environment Claim Dismissal Affirmed; “Handful of Comments Made Over a Decade” Held Insufficient
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In Rodriguez v. County of Nassau, Nassau County Commission on Human Rights, 2020 WL 5948904 (2d Cir. Oct. 8, 2020) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s “failure to promote” gender discrimination claim. Plaintiff argued that (1) the Commission Chair harbored discriminatory views, telling plaintiff during her interview for the position that,…

Read More Gender Discrimination Claim Fails in Light of Prior Denial of Discriminatory Comment
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In Hodge v. ABACO, LLC, 20-1186-cv (2d Cir. Oct. 9, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s breach of contract claim, based on the language of an offer letter by plaintiff’s employer. Plaintiff began working for defendant on October 1, 2018. Before that,…

Read More Breach of Employment Contract Claim Dismissed; Offer Letter Did Not Contain Guarantee of Employment of Five Years
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In Leslie v. New York University, No. 156583/2018, 2020 WL 5819730, 2020 N.Y. Slip Op. 33203(U) (N.Y. Sup Ct, New York County Sep. 29, 2020), the court, inter alia, dismissed plaintiff’s retaliation claim asserted under the New York State and City Human Rights Laws. The court summarized the law as follows: To make a prima…

Read More Retaliation Claim Dismissed; “Passing Reference” to “Discrimination” Did Not Qualify as “Protected Activity”
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In Crump v. The New York City Housing Authority, No. 163138/2015, 2020 WL 5874852 (N.Y. Sup Ct, New York County Oct. 02, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim that he was subject to retaliation (for complaining of discrimination and harassment based on his sexual orientation) in violation…

Read More Retaliation Claim Against NYC Housing Authority Survives Summary Judgment
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