Employment Law

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In Rodrigues v. Watershed Ventures LLC, 2018 N.Y. Slip Op. 30322(U), 2018 WL 1030303 (N.Y. Sup. Ct. Feb. 23, 2018), the court held, inter alia, that plaintiffs sufficiently alleged a claim for discrimination under the New York State and City Human Rights Laws. The court explained the applicable legal standards: In employment discrimination actions brought pursuant…

Read More Race Discrimination Claim Sufficiently Alleged Against Watershed Ventures
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In Watkins v. First Student, Inc., 2018 WL 1135480 (S.D.N.Y. Feb. 28, 2018), the court dismissed plaintiff’s race- and gender-based hostile work environment claims. Here, those claims faltered – as many do – because the alleged “hostility” was not due to plaintiff’s protected class(es). From the decision: Taking the allegations of the Complaint, the May…

Read More Hostile Work Environment Claims Against First Student, Inc. Fail Due to Lack of Connection Between Alleged Bullying Etc. and Protected Class(es)
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In Montanez v. McDean LLC, No. 16-cv-447, 2018 WL 1183688 (N.D.N.Y. March 6, 2018), the court granted defendant’s motion for summary judgment as to plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964. After explaining the legal standard for making out a hostile work environment claim,…

Read More Sexual Harassment Claim Dismissed; “Quickly Rebuffed” “Suggestive Remarks” Insufficient
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In Penn v. New York Methodist Hospital, 2018 WL 1177293 (2d Cir. March 7, 2018), the Second Circuit affirmed the dismissal of plaintiff’s race and religious discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the Opinion: [T]he district court did not err in applying the ministerial exception doctrine. While a…

Read More Citing the “Ministerial Exception,” 2d Circuit Affirms Dismissal of Title VII Race/Religious Discrimination Claim
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In Perry v. Captain Robert Slensby, 16-cv-8947, 2018 WL 1136922 (S.D.N.Y. Feb. 28, 2018), the U.S. District Court for the Southern District of New York denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. The facts, in (very brief) part: Plaintiff reports that on one occasion during their night shift Defendant said…

Read More Male-on-Male Sexual Harassment Claim Survives Dismissal; Court Cites Vulgar Comment and Physical Touching
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In Isakov v. HASC Ctr., Inc. Druker, No. 17-CV-5775 (BMC), 2018 WL 1114714 (E.D.N.Y. Feb. 27, 2018), the court held that plaintiff plausibly alleged a claim for religion-based employment discrimination under Title VII of the Civil Rights Act of 1964. Plaintiff asserted, inter alia, that he was treated differently/unfairly after he stopped practicing “Orthodox” Judaism,…

Read More Race, Religious Discrimination Claims Stated Against HASC Center; Plaintiff Alleged Mistreatment Due to Switching From “Orthodox” to “Traditional” Judaism
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In Leizerovici v. Hasc Center, Inc., No. 17-CV-5774 (BMC), 2018 WL 1115348 (E.D.N.Y. Feb. 27, 2018), the court held that plaintiff plausibly alleged religious discrimination in violation of Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff] claims that just months before he was terminated, Osipov [one of plaintiff’s supervisors] expressly…

Read More Plaintiff Plausibly Alleges Title VII Religious Discrimination Claim
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In Coello v. The Riese Organization Inc., 2018 WL 1051730 (N.Y.Sup.), 2-3, 2018 N.Y. Slip Op. 30309(U) (N.Y. Sup. Ct. Bx. Cty. jan. 5, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race discrimination, retaliation, and hostile work environment under the New York State and City Human Rights…

Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims Continue Against The Riese Organization
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