Employment Law

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In Gittens v. Winthrop Hospitalist Associates, P.C. et al, 19-CV-5070, 2022 WL 504490 (E.D.N.Y. Feb. 18, 2022), the court held, inter alia, that plaintiff sufficiently alleged a race-based hostile work environment claims under 42 U.S.C. § 1981 and the New York State Human Rights Law. Initially, the court held that plaintiff did not state a…

Read More Race-Based Hostile Work Environment Claim, Based on Assignment of “Menial Tasks”, Sufficiently Alleged
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In Quintero v. Angels of the World, Inc., 19-CV-6126, 2021 WL 4464123 (E.D.N.Y. Sept. 10, 2021), the court, inter alia, assessed emotional distress damages to be awarded to plaintiff (an exotic dancer), upon defendants’ default, on her claims of race-based discrimination and hostile work environment, hostile work environment sexual harassment, among others. The court summarized…

Read More Exotic Dancer Awarded $30,000 in Emotional Distress Damages Upon Defendants’ Default in Sexual Harassment Case
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In Quintero v. Angels of the World, Inc., 19-CV-6126, 2021 WL 4464123 (E.D.N.Y. Sept. 10, 2021), the court, inter alia, recommended that plaintiff – an exotic dancer – be awarded a default judgment on her claims of hostile work environment sexual harassment. From the decision: Plaintiff alleges that managers and promoters, all of whom who…

Read More Exotic Dancer Entitled to Default Judgment on Hostile Work Environment Sexual Harassment Claims, Court Holds
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In Daniels v. American Airlines Inc., 19-cv-3110, 2022 WL 493573 (E.D.N.Y. Feb. 17, 2022), the court dismissed “workplace bullying” claims asserted by plaintiff, a former flight attendant for defendant American Airlines. This decision teaches, and confirms, that while a certain type of bullying – bullying motivated by impermissible factors (i.e., “protected classes” such as sex,…

Read More Workplace Bullying, Hostile Work Environment Claims Dismissed by Court
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In Milord-Francois v. New York State Office of the Medicaid Inspector General et al, No. 20-3646-cv, 2022 WL 480477 (2d Cir. Feb. 17, 2022), the court, inter alia, vacated the district court’s award of summary judgment on plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. From the decision: Milord-Francois…

Read More Race-Based “Pretext” Employment Discrimination Claim Survives Summary Judgment
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In Fawcett v. Fox News Network, LLC, No. 157135/2021, 2022 WL 445861 (N.Y. Sup Ct, New York County Feb. 14, 2022), the court dismissed plaintiff’s claims of gender discrimination and sexual harassment against defendant Andrew Napolitano. The court summarized plaintiff’s allegations against this defendant as follows: Plaintiff began working for Fox Business in March 2019…

Read More Sexual Harassment and Other Claims Dismissed Against Andrew Napolitano
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In Maher v. Nusret New York LLC, 2022 WL 443619 (S.D.N.Y. Feb. 14, 2022), the court granted plaintiff’s motion to remand this case back to state court, due to the absence of federal subject matter jurisdiction. From the decision: The purported federal question raised, in defendant’s view, is whether CPLR § 7515 is preempted by…

Read More Hostile Work Environment Case Against Nusret New York Remanded to State Court; Federal Question Not Raised By Alleged Arbitration Preemption
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In Kim v. Sae-a Trading America Corp., No. 656669/2020, 2022 WL 106846 (N.Y. Sup Ct, New York County Jan. 05, 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s “non-traditional Korean” national origin discrimination claim. Plaintiff alleged, among other things, that defendants made offensive comments disapproving of the fact that Plaintiff was “still…

Read More “Non-Traditional Korean” National Origin Discrimination Claim Dismissed
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In Gilbert v. Stony Brook University et al, 2022 WL 409716 (E.D.N.Y., 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim. From the decision: To state a claim for a hostile work environment in violation of Title VII [or Section 1983], a plaintiff must plead facts that would…

Read More Sex-Based Hostile Work Environment Claim Dismissed Against Stony Brook University
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In Restaurant Law Center & NYS Restaurant Association et al v. City of New York, 21-cv-4801, 2022 WL 409190 (S.D.N.Y. February 10, 2022), the court rejected a challenge, mounted by plaintiffs, to a 2021 amendment to New York City’s Fair Workweek Law. In 2017, NYC enacted the Fair Workweek Law (N.Y.C. Admin. Code §§ 20-1201…

Read More Court Rejects Challenge to Fast Food “Wrongful Discharge Law”
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