Employment Law

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In Spinosa v The Interpublic Group of Companies, Inc., No. 150110/2019, 2019 WL 3815279, at *3 (N.Y. Sup Ct, New York County Aug. 14, 2019), the court dismissed plaintiff’s discrimination claim under the New York State Human Rights Law. Here, the plaintiff is the owner and CEO of a company called Spin. After explaining the…

Read More Shareholder Lacked Standing to Assert Discrimination Claim Under the New York State Human Rights Law, Court Holds
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In Poppito v. Northwell Health, Inc., 15-cv-7431, 2019 WL 3767504 (EDNY Aug. 9, 2019), the plaintiff alleged that she was terminated due to her age, gender, and protected activities. The court, noting defendants’ citation of “an enormous catalog of misconduct by plaintiff”, grants defendants’ motion for summary judgment. After summarizing the burden-shifting framework applicable to…

Read More Discrimination Claims Dismissed; Termination Based on Plaintiff’s Misconduct, Not Unlawful Discrimination
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In Troise v. SUNY Cortland NY, 2019 WL 3817387 (NDNY 2019), the court, inter alia, held that plaintiff sufficiently alleged a gender-based failure-to-hire claim. From the decision: Here, considering the allegations in the light most favorable to the non-movant, Plaintiff alleges that he and a woman applied for the same position. (Dkt. No. 1; Dkt.…

Read More Title VII Failure-to-Hire Claim Sufficiently Alleged by Male Plaintiff, Court Rules
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In MacAlister v. Millennium Hotels & Resorts et al, 2019 WL 3765825 (S.D.N.Y. August 9, 2019), the court held, inter alia, that plaintiff – a white American woman over the age of 40 – sufficiently alleged discrimination and a hostile work environment based on her age. gender and race. As to plaintiff’s discrimination claims, the…

Read More “Old White Bitch” Among Comments Held Sufficient to Allege Age/Race/Gender Discrimination & Hostile Work Environment Claims
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In Gayle v. Children’s Aid College Prep Charter School et al, 18-cv-9874, 2019 WL 3759097 (SDNY July 29, 2019), the court dismissed the sexual harassment claim of plaintiff – an employee of a federally-funded educational institution – brought under Title IX of the Education Amendments of 1972, finding that Title VII of the Civil Rights…

Read More Instructor at Federally-Funded School Had Exclusive Remedy for Sexual Harassment Under Title VII, Not Title IX, Court Rules
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Today, Governor Cuomo signed legislation (A8421 / S6577) that substantially strengthens the New York State Human Rights Law, particularly with respect to sexual harassment. Among other things, the legislation: Eliminates the “severe or pervasive” standard for hostile work environment claims; Eliminates the so-called “Faragher/Ellerth defense” to hostile work environment claims, in that “[t]he fact that…

Read More Governor Cuomo Signs Legislation Strengthening the New York State Human Rights Law
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n Irons v. The City of New York, 16-cv-3708, 2019 WL 3752870 (EDNY Aug. 8, 2019), the court, inter alia, denied defendant City’s motion for summary judgment on plaintiff’s employment discrimination and hostile work environment claims.[1]As with many blog posts, here I have addressed only a subset of this lengthy and detailed decision; the reader…

Read More NYPD Sergeant’s Hostile Work Environment Claim Survives Summary Judgment
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In Irons v. The City of New York, 16-cv-3708, 2019 WL 3752870 (EDNY Aug. 8, 2019), the court, inter alia,[1]As with many blog posts, here I have addressed only a subset of this lengthy and detailed decision; the reader is encouraged to review the decision in its entirety. denied defendant City’s motion for summary judgment…

Read More NYPD Sergeant’s Race, Gender Discrimination Claims Survive Summary Judgment
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In a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for “caregiver status” discrimination under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…

Read More Caregiver Status Discrimination Claim Sufficiently Alleged, Court Finds
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In a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for hostile work environment under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…

Read More Hostile Work Environment Sufficiently Alleged; Allegations Included Comments, Thrown Objects, and Changed Locks
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