Employment Law

by

From THOMAS GIBB, Plaintiff, v. TAPESTRY, INC. d/b/a Stuart Weitzman, Defendant., 2018 WL 6329403, at *5–6 (S.D.N.Y., 2018): Congress has unequivocally addressed the exclusive conditions under which Title VII complainants may bring a private suit in federal court. As this Court previously held in Henschke, “the language of section 2000e-5(f)(1) explicitly requires that one of two…

Read More Sexual Harassment Case Dismissed in Light of Premature EEOC Right-to-Sue Letter
Share This:
by

In Snyder v. Town of Potsdam, 2018 WL 6267922 (N.D.N.Y. Nov. 30, 2018), the court – summarizing (one aspect of) the law of employment discrimination – underscores an important (albeit established) point: namely, not only “minorities” are protected by the anti-discrimination laws. The court wrote: Title VII [of the Civil Rights Act of 1964] prohibits all…

Read More Discrimination Laws Prohibit Discrimination Against Men Too, Court Notes
Share This:
by

From ALADDIN ABDAL-RAHIM, Plaintiff, v. MTA NEW YORK CITY TRANSIT, Defendant., 2018 WL 6176217, at *4 (S.D.N.Y. Nov. 27, 2018): [E]ven liberally construing Rahim’s complaint, he has not pleaded facts sufficient to state a claim for discrimination. Essentially, Rahim’s only allegation is that he passed a civil service test and that the NYCTA hired candidates with…

Read More Title VII, ADEA Claims Insufficiently Pleaded Against MTA NYC Transit
Share This:
by

In Matter of 130-10 Food Corp. v. New York State Div. of Human Rights, 2018 NY Slip Op 08123 (App. Div. 2nd Dept. Nov. 28, 2018), the court held that employment (disability) discrimination claim should be dismissed on statute-of-limitations grounds. The court explained: “Pursuant to Executive Law § 297(5), a complainant seeking redress under the [New…

Read More Disability Discrimination Claim Dismissed Against One Respondent as Time Barred; “Relation Back” Doctrine Inapplicable
Share This:
by

In Collins v. Resource Center for Independent Living, 17-CV-0925, 2018 WL 5983377 (N.D.N.Y. Nov. 14, 2018), the court, inter alia, denied defendant’s motion to dismiss – on the pleadings, under Fed. R. Civ. P. 12(c) – plaintiff’s Title VII race-based employment discrimination claim.[1]The court also, inter alia, dismissed plaintiff’s race-based hostile work environment claim. From…

Read More Race Discrimination Claim Survives Motion to Dismiss; Allegations Included Pay Raise Granted to White Employees, Denied to Black Plaintiff
Share This:
by

From Perez v. Mason Tenders District Council, 17-3896 (2d Circuit Nov. 21, 2018) (Summary Order): Perez concedes in her opening brief, as she did before the district court, that her complaint was filed outside the 90-day window she had from receiving the EEOC’s rightto-sue letter to bring her claim. Nevertheless, she maintains that the limitations…

Read More ADA Disability Discrimination Claim Properly Dismissed as Filed Beyond the 90-Day EEOC Notice
Share This:
by

In Daughtry v. Fedcap Rehabilitation Servs. Inc., 2018 NY Slip Op 32857(U), Index No. 152108/2016 (Sup. Ct. N.Y. Cty. Nov. 8, 2018) – a race/criminal conviction discrimination case – the court, inter alia, held that plaintiff was not entitled to a deposition of the defendant’s CEO. The court, therefore, granted defendant’s motion for a protective order under…

Read More Deposition of CEO Denied in Criminal Conviction Employment Discrimination Case
Share This:
by

In Jones v. Bloomingdale’s, 17-CV-1974, 2018 WL 6067227 (S.D.N.Y. Nov. 20, 2018), the court, inter alia, dismissed plaintiff’s race discrimination case based on defendant’s alleged post-employment discriminatory conduct. From the decision: Nor can Jones salvage his employment discrimination claim, under either § 1981 or Title VII, by relying on Bloomingdale’s allegedly discriminatory conduct after he…

Read More Post-Employment Conduct Did Not Amount to Unlawful Race Discrimination, Court Holds
Share This:
by

A recent case, Amaya v. Ballyshear LLC, 2018 WL 6065493 (EDNY Nov. 20, 2018), discusses the geographical reach of the New York City Human Rights Law. In this case, the Plaintiff – a former housekeeper who lives in Southampton, New York – claims that defendants engaged in unlawful discrimination and retaliation in violation of the NYCHRL.…

Read More NYC Human Rights Law Claim Dismissed; “Impact” Not Felt in New York City
Share This: