Employment Law

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In Mondesir v. North Shore-Lij Health System, 2018 WL 2722866 (N.Y. Sup. Ct. No. 150572/2017 June 6, 2018), the court dismissed plaintiff’s race-based hostile work environment employment discrimination claim.[1]Plaintiff filed a Notice of Appeal on June 8, 2018. Specifically, the court rejected plaintiff’s contention that a racially hostile work environment was created by her supervisor’s reference…

Read More Court Dismisses Hostile Work Environment Claim Based on Use of the Word “Girl” Towards Black Woman
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In Mayo-Coleman v. American Sugar Holdings, Inc., 14-cv-79, 2018 WL 2684100 (S.D.N.Y. June 5, 2018), the court, inter alia, held that a $1.7 million jury verdict in plaintiff’s favor on her sexual harassment/hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law should…

Read More Court Remits Jury Award of $1.7M to $500,000 for Emotional Damages in Sexual Harassment Case
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In Watkins v. New York City Health and Hospitals Corp., 2018 NY Slip Op 31054, 2018 WL 2445548 (N.Y. Sup. Ct. Index No. 152836/2013, May 11, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claims under the New York State and City Human Rights Laws. Here I will focus on the court’s assessment of…

Read More Hostile Work Environment Claims Dismissed; Negative Comments Insufficient
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In Canady v. Univ. of Rochester, et al (2d Cir. 17-1952 May 30, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim against Rochester University. Here is the relevant law, as summarized by the court: To state a prima facie case for Title VII retaliation a plaintiff must show: “(1) participation in…

Read More 2d Circuit Affirms Dismissal of Retaliation Claim Against Rochester University
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In Krause v. Kelehan, 17-CV-1045, 2018 WL 2021484 (N.D.N.Y. April 26, 2018), the court, inter alia, held that plaintiff’s TItle VII gender discrimination claim survived dismissal. This case involves a scenario in which an ultimate decision – here, termination – is made by one or more persons who were influenced, or motivated, by discriminatory animus…

Read More Gender Discrimination Claim Survives Dismissal Based on Alleged Biased Influence
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In Krause v. Kelehan, 17-CV-1045, 2018 WL 2021484 (N.D.N.Y. April 26, 2018), the court – applying the “continuing violation doctrine” – held that plaintiff sufficiently alleged a timely hostile work environment claim against the defendants.[1]The court also held, inter alia, that plaintiff’s discrimination claims survive dismissal. From the decision: Like Plaintiff’s discrimination claim, her hostile…

Read More Hostile Work Environment Claim Survives Dismissal; Court Applies the “Continuing Violations Doctrine”
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In a recent (May 29, 2018) Petition for Writ of Certiorari, filed in Altitude Express, Inc. v. Zarda, the petitioner seeks to overturn the Second Circuit’s en banc decision holding that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination based on “sex” also prohibits discrimination based on “sexual orientation.”

Read More Petition for Writ of Certiorari Asks SCOTUS to Overturn 2d Circuit En Banc Zarda Decision That Title VII Prohibits Discrimination Based on Sexual Orientation
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From Pierre v. FJC Security Services, 17-3257 (2d Cir. May 24, 2018) (Summary Order) Pierre sued FJC for sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. He alleged that his supervisors were romantically interested in his female coworker, who disliked him. As a result, they allegedly conspired against him…

Read More Second Circuit Affirms Dismissal of Gender Discrimination Case;
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A recent decision, Jackson v. Time Warner Cable Administration LLC, 2018 WL 2371024 (S.D.N.Y. 16-cv-8639 May 18, 2018), illustrates that the proper focus in an employment discrimination case is not whether an employer’s non-discriminatory explanation for the allegedly wrongful action is reliable or true, but rather what motivated the employer. In this case, defendant terminated…

Read More Employment Discrimination Case Against Time Warner Dismissed; Racial Motive Not Shown
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In Isbell et al v. City of New York, 2018 WL 2389075 (S.D.N.Y., May 25, 2018), the court (inter alia) denied defendants’ motion to dismiss plaintiffs’ claims under the NYC Human Rights Law (but granted their motion to dismiss plaintiffs’ discrimination claims under federal and state law). In so doing, the court highlights the relative…

Read More Discrimination Claims Survive Under the NYC Human Rights Law
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