Employment Law

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From Bussa v. St. John’s University, 2019 WL 136641, at *3–4 (E.D.N.Y., 2019): Plaintiff has failed to allege sufficient facts to demonstrate that the defendant discriminated against him in violation of Title VII or the ADA. As a general matter, the complaint suggests that the plaintiff did not actually apply for a specific position, although he…

Read More Aspiring Graduate Student’s Title VII, ADA Discrimination Claims Dismissed
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In Marino v. City of New York, 2018 NY Slip Op 09027 (App. Div. 1st Dept. Dec. 27, 2018), the court affirmed the dismissal of plaintiff’s complaint alleging employment discrimination. From the decision: Plaintiff’s timely allegations fail to state claims for employment discrimination (see Askin v Department of Educ. of the City of N.Y., 110 AD3d 621…

Read More City Not Responsible For Alleged Discrimination By Police Pension Fund, Court Holds
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In Diallo v. Whole Foods Market Group, Inc., 2019 WL 140728 (S.D.N.Y. Jan. 9, 2019), the court, inter alia, adopted a Magistrate Judge’s recommendation to deny defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: As to the merits, Whole Foods’ argument on the hostile work environment claim presents a…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In Vitti v. Macy’s Incorporated, 17‐3493‐cv, 2018 WL 6721091 (2d Cir. Dec. 21, 2018) (Summary Order), the 2nd Circuit affirmed the dismissal of plaintiff’s employment discrimination claims against Macy’s Inc. and Clinique. In this case, plaintiff – who worked in the Clinique department of Macy’s Herald Square store in New York City – asserts claims of wrongful…

Read More Discrimination Claims Against Macy’s, Clinique…
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In Sedhom v SUNY Downstate Med. Ctr., 2018 NY Slip Op 33210(U), 155837/2017 (Sup. Ct. NY Cty. Dec. 13, 2018), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the New York State and City Human Rights Laws. The court noted: Here … Plaintiff has alleged that she was frequently the subject of general…

Read More Age Discrimination Claims Sufficiently Alleged Against SUNY
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In McElroy v. The Dept. of Educ. of the City of New York, No. 160689/2017, 2019 WL 132532 (Sup Ct, New York County Jan. 08, 2019), the court (inter alia) denied defendant’s motion to dismiss, as insufficiently alleged, plaintiff’s claim that she was subjected to a “hostile work environment” because of her alleged disability (here, obesity).…

Read More Obesity-Related Hostile Work Environment Claim Survives Dismissal Under NYC Human Rights Law
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In Chau v. Granger Management LLC et al, 357 F. Supp. 3d 276, 2019 WL 120766 (S.D.N.Y. Jan. 7, 2019), the court, inter alia, held that a non-NYC resident met the “geographic” requirement of the the NYC Human Rights Law (NYCHRL). The court explained the black-letter law: “In order for a nonresident to invoke the…

Read More Sexual Harassment Plaintiff Meets “Impact” Test of NYC Human Rights Law, Court Holds
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In Morrison v. United Parcel Service, Inc., 17-CV-2885, 2019 WL 109401 (S.D.N.Y. Jan. 4, 2019), the court, inter alia, granted defendant UPS’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. From Judge Pauley’s opinion: Even drawing all inferences in Morrison’s favor, he does not establish a pattern of behavior meeting § 1981…

Read More Race-Based Hostile Work Environment Claim Dismissed Against UPS
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In Walsh v. A.R. Walker & Co., Inc., No. 155009/16, 2018 WL 6505409, 2018 N.Y. Slip Op. 33159(U) (Sup Ct, New York County Dec. 07, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claim under the New York City Human Rights Law. In this case,…

Read More Sexual Orientation-Based Hostile Work Environment Claim Under the NYC Human Rights Law Survives Summary Judgment
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In Geffner v. Quanta Services, Inc., 2018 WL 6807388 (S.D.N.Y. 2018), the court, inter alia, found that plaintiff failed to state claim(s) of employment discrimination – based, e.g., on his religion – against his supervisor (Austin). The decision is instructive as to how and when individual liability for employment discrimination may be imposed under 42…

Read More Employment Discrimination Claims Not Stated Against Individual Supervisor, SDNY Holds
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