In Downey v. Adloox, Inc., 16-CV-1689, 2018 WL 5266875 (S.D.N.Y. Oct. 23, 2018), the court granted defendant’s motion for summary judgment on plaintiff’s federal and state age discrimination claims. Among the evidence proffered by the plaintiff to demonstrate that he was a victim of age discrimination were comments referring to him as “old timer.” However,…
Read More Age Discrimination Case Dismissed, Despite “Old Timer” CommentsIn Mauze v. CBS Corporation, 15-CV-4905, 2018 WL 5115564 (E.D.N.Y., 2018), the court, inter alia, denied defendant’s motion for summary judgment as to her retaliation claims. In reaching this conclusion, the court explained: [Plaintiff] has … established a sufficient causal connection between her engagement in protected activity and her termination. See Gordon v. NYC Bd.…
Read More Retaliation, But Not Discrimination, Claims Survive Summary Judgment Against CBSIn Lues v. City of New York, 2018 NY Slip Op 32546(U), Index No. 161923/2013 (NY Sup. Ct. NY Cty. Oct. 5, 2018), the court held that plaintiff’s retaliation, but not gender and nationality-based discrimination, claims survived summary judgment. With respect to her discrimination claims, the court noted, inter alia, the absence of “evidence demonstrating that…
Read More Retaliation Claim Continues Against City of New York; Court Cites Changed Demeanor After Learning of LawsuitIn Schwartz v. Integrated Dental Sys., LLC et al, 2018 NY Slip Op 32574(U), Index No. 157816/2017 (Sup. Ct. NY Cty. Oct. 12, 2018), plaintiff asserted claims of age discrimination, gender discrimination, sexual harassment, and retaliatory termination against various defendants, including two entities: Integrated Dental Systems and Megagen USA. In 2013, IDS bought the assets of Megagen…
Read More Sexual Harassment and Other Claims Discontinued Against Predecessor EntityIn Russell v. Aid to Developmentally Disabled, Inc., 17-3417 (2d Cir. Oct. 18, 2018) (Summary Order), the court affirmed the lower court’s dismissal of plaintiff’s gender discrimination claim under Title VII of the Civil Rights Act of 1964. Under that statute, “a plaintiff must first make out a prima facie case of discrimination by showing that…
Read More Citing Lack of Comparator Evidence, 2d Circuit Affirms Dismissal of Title VII Gender Discrimination CaseA recent case, decided by the Eastern District of New York on October 17, 2018, illustrates what does – and, as relevant here, does not – qualify as a “hostile work environment.” The decision is Thompson v. MTA New York City Transit et al, 17-cv-5857, 2018 WL 5045762 (E.D.N.Y. Oct. 17, 2018). The court outlines…
Read More Hostile Work Environment Claim Dismissed; While “Tasteless and Offensive”, Messages Were Not Related to a Protected ClassIn Yaghi v. Pioneer Bank, 16-cv-663, 2018 WL 4903226 (N.D.N.Y. Oct. 9, 2018), the court dismissed plaintiff’s claims of discrimination, retaliation, and hostile work environment. As to the plaintiff’s hostile work environment claim, the court explained: Even construing Plaintiff’s Amended Complaint and his arguments in opposition to summary judgment broadly, there are only two events…
Read More Title VII Hostile Work Environment Claim Dismissed; “Be Careful of Those Arabs” Comment InsufficientIn Jain v. Tokio Marine Management Inc., 2018 WL 4636842, (S.D.N.Y. Sept. 27, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination (promotion denial and termination). In sum, plaintiff – of Indian descent – asserted claims of discriminatory failure to promote, discriminatory termination, retaliatory failure to promote, and retaliatory…
Read More Race/National Origin Discrimination Case Survives Summary JudgmentIn a recently-filed lawsuit against the WeWork Companies (copy below), the plaintiff alleges, inter alia, that plaintiff was twice sexually assaulted by male WeWork employees at company-wide events which, according to the complaint, “are as notorious as its free beer-all-day and mandatory happy hour policies.”
Read More Sexual Harassment Lawsuit Against WeWorkIn Parsons v. JPMorgan Chase Bank, N.A., 16-CV-0408, 2018 WL 4861379 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s age discrimination claims. This case teaches us that replacement by a younger worker does not necessarily (but, in an appropriate case, may) substantiate a claim for discrimination based…
Read More Age Discrimination Claims Dismissed, Despite Younger Replacement