Employment Law

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In Brown v. Montefiore Medical Center, 19-CV-11474, 2022 WL 392313 (S.D.N.Y. February 9, 2022), the court, inter alia, denied plaintiff’s motion to amend his complaint – which alleged employment (race) discrimination, hostile work environment, and retaliation – to allege constructive discharge stemming from a hostile work environment claim. (In a prior decision, dated March 25,…

Read More Request to Amend Race Discrimination Complaint to Add Constructive Discharge Claim Denied as “Futile”
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In Long v. Aerotek, Inc. et al, No. 531638, 2022 N.Y. Slip Op. 00915, 2022 WL 398863 (N.Y.A.D. 3 Dept., Feb. 10, 2022), the court, inter alia, affirmed the denial of defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under the New York State Human Rights Law. The court began…

Read More Sexual Harassment, Hostile Work Environment, Constructive Discharge Claims Survive Summary Judgment Claims Survive Summary Judgment
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In Boatright v. U.S. Bancorp, 20-4236-cv, 2022 WL 351059 (2d Cir. Feb. 7, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the summary judgment dismissal of plaintiff’s race- and gender-based discrimination claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New…

Read More Race, Gender-Based Pay Discrimination Claim Dismissal Affirmed; Alleged “Shifting Explanations” Did Not Permit Finding of Pretext
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In Buczakowski v. Crouse Health Hospital, Inc., et al, 5:18-CV-0330 (LEK/ML), 2022 WL 356698 (N.D.N.Y. Feb. 7, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s retaliation claim asserted under the New York State Human Rights Law. From the decision: Viewing the record in the light most favorable to Plaintiff, she…

Read More Retaliation Claim Survives Summary Judgment; Evidence Included Alleged Lack of Progressive Discipline
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In Xu v. Omnicom Group Inc., No. 518453/2019, 2022 WL 135325, 2022 N.Y. Slip Op. 30133(U) (N.Y. Sup Ct, Kings County Jan. 06, 2022), the court granted an individual defendant’s (John Wren) motion to dismiss plaintiff’s claims of discrimination based on race (Chinese), national origin (China), disability, and age. This case is instructive as to…

Read More Discrimination Claims Dismissed Against, and Protective Order Issued Barring Deposition of, Individual Defendant
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In Richards v. The Department of Education of the City of New York et al, 21-cv-338, 2022 WL 329226 (S.D.N.Y. Feb. 2, 2022), the court, inter alia, held that plaintiff plausibly alleged retaliation. The court did, however, dismiss several of plaintiff’s other claims, such as for race- and religion-based hostile work environment. Accordingly, this case teaches…

Read More Retaliation Claim Survives, In Part, Against NY Dept. of Education
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In Gurley v. David H. Berg & Associates d/b/a Berg & Androphy et al, 20 Civ. 9998, 2022 WL 309442 (S.D.N.Y. Feb. 2, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim for a race-based hostile work environment under the New York City Human Rights Law. This case illustrates the difference between…

Read More Race-Based Hostile Work Environment Claim Survives Under NY City, But Not Federal and NY State, Law
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In Gokhberg v. PNC Bank, N.A., 21-222-cv (2d Cir. Feb. 1, 2022) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s dismissal, on summary judgment, of plaintiff’s allegations the defendant terminated him in retaliation for his complaint of discriminatory lending practices based on marital status in violation of the…

Read More Retaliatory Termination Claim Dismissal Affirmed; Termination Was Based on Misconduct, Not Marital Status Lending Practices Discrimination
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In Huayuan Chen v. Stony Brook University Advancement et al, 2022 WL 289317 (2d Cir. Feb. 1, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s judgment dismissing, on summary judgment, plaintiff’s claim of national origin discrimination under Title VII of the Civil Rights Act of 1964. After summarizing the…

Read More Second Circuit Affirms Dismissal of Chinese-Based National Origin Discrimination Claim
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In Curtis v. Marino, 2022 NY Slip Op 00499 (N.Y. App. Div. 1st Dept. Jan. 27, 2022), the court unanimously affirmed the dismissal of plaintiff’s complaint, which contained causes of action for discrimination under the New York State and City Human Rights Laws, as untimely. From the decision: Supreme Court properly found the arbitration agreement…

Read More Discrimination Complaint Properly Dismissed; Contractual Shortening of Statute of Limitations Was Reasonable
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