Employment Law

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In Montgomery v ELRAC, Enterprise Holdings, No. 15181, 2021-03162, 25814/16E, 2022 N.Y. Slip Op. 00508, 2022 WL 243072 (NY App. Div. 1 Dept. Jan. 27, 2022), an employment discrimination action, the court affirmed the lower court’s order granting defendants’ motion to change venue from Bronx County to New York County (Manhattan). When plaintiff commenced this…

Read More Discrimination Lawsuit Venue Change, From Bronx to Manhattan, Upheld
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In Matsko v. New York, 2022 WL 137724 (N.D.N.Y. Jan. 14, 2022), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claim of sexual harassment under Title VII of the Civil Rights Act of 1964. Here, the sexual harassment was alleged to have been committed by a non-supervisor; accordingly, the alleged wrongful…

Read More Sexual Harassment Claim, Based on Conduct by Non-Supervisor, Dismissed; Employer Not Shown to be Negligent in Controlling Working Conditions
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In Tihan v Apollo Management Holdings, L.P., No. 15121, 152196/19, 2021-00637, 2022 N.Y. Slip Op. 00365, 2022 WL 174477 (N.Y.A.D. 1 Dept. Jan. 20, 2022), the New York Appellate Division, First Department, unanimously affirmed a lower court’s decision dismissing plaintiff’s religion- and national origin-based employment discrimination claims. In this case, plaintiff – a Muslim man…

Read More Court Affirms Dismissal of National Origin, Religious Discrimination Claims Against Apollo Management Holdings
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In a recent case, Stevenson v. New York State Department of Corrections and Community Supervision et al, 2022 WL 179768 (W.D.N.Y. Jan. 20, 2022), the court, inter alia, held that plaintiff sufficiently alleged a retaliatory hostile work environment claim. From the decision: Defendants Sticht, Balcer, and Yehl assert that the Complaint lacks any plausible allegations…

Read More “Retaliatory Hostile Work Environment” Claim Survives Dismissal
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In Joyce v. Remark Holdings, Inc. et al, 2022 WL 179839 (S.D.N.Y. Jan. 20, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: Joyce points to three specific instances to argue that Tao created a hostile work environment. First, when Joyce…

Read More Hostile Work Environment Claim Dismissed; Limited Interactions With Alleged HWE Creator
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In Lively v. Wafra Inv. Advisory Group, Inc., No. 154121/2021, 2022 WL 195735 (N.Y. Sup Ct, N.Y. Cty., Jan. 21, 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s age discrimination claim under the New York State Human Rights Law (N.Y. Exec. Law § 290, et seq.) and the New York City Human…

Read More “Advanced Age” Discrimination Claim Dismissed; Alleged Sexual Harassment Was Reason For Termination
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In Tarantul v. New York City Health and Hospitals Corp., No. 159425/2020, 2022 WL 159587 (N.Y. Sup Ct, New York County Jan. 18, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim, asserted under New York City Human Rights Law (N.Y.C. Admin. Code § 8-107(7), finding that such claim was sufficiently alleged. (The court…

Read More Retaliation Claim, Arising From Complaint of Caregiver-Status Discrimination, Sufficiently Alleged Against NYC Health & Hospitals Corp.
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In Tarantul v. New York City Health and Hospitals Corp., No. 159425/2020, 2022 WL 159587 (N.Y. Sup Ct, New York County Jan. 18, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s “caregiver status” discrimination claim asserted under the New York City Human Rights Law, finding that such claim was sufficiently alleged. (The…

Read More Caregiver-Status Discrimination Claim Sufficiently Alleged Against NYC Health & Hospitals Corp.
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In Sedhom v. SUNY Downstate Medical Center, et al., No. 15080, 1555837/17, 2020-04443, 2022 N.Y. Slip Op. 00292, 2022 WL 150794 (N.Y.A.D. 1 Dept., Jan. 18, 2022), the court unanimously affirmed the dismissal of plaintiff’s age-based discrimination and hostile work environment claims. In sum, plaintiff contends that defendants discriminated against her and terminated her employment on the…

Read More Age Discrimination Claims Dismissed Against SUNY Downstate Medical Center
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In Samuel v. Devachan Hair and Spa, Inc., No. 150598/2020, 2022 WL 103412 (N.Y. Sup Ct, New York County Jan. 05, 2022), the court, inter alia, held that plaintiff sufficiently alleged a “hybrid” – here, race-plus-gender – discrimination claim asserted under the New York City Human Rights Law. From the decision: Defendants move to dismiss…

Read More Race-Plus-Gender Claim Survives Dismissal Under NYC Human Rights Law
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