Employment Law

by

A recent federal court decision, Qorrolli v. Metropolitan Dental Associates, D.D.S. – 225 Broadway, P.C. et al, 18-cv-6836, 2022 WL 125823 (S.D.N.Y., 2022), is instructive as to the mechanics of the “motion for reconsideration” in federal practice. Here, plaintiff seeks reconsideration of the court’s dismissal of her retaliation claims under Title VII of the Civil…

Read More Motion For Reconsideration Denied in Sexual Harassment/Retaliation Case
Share This:
by

In Farber Schneider Ferrari LLP v. Slowik, No. 157630/2019, 2022 WL 114106 (N.Y. Sup Ct, New York County Jan. 12, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims for hostile work environment and sexual harassment. From the decision: Defendants’ motion to dismiss the cause of action alleging violations of the State…

Read More Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Based on Pejorative Hispanic Comments, Pornographic Images
Share This:
by

A recent Second Circuit case, Boyar v. Janet L. Yellen, Secretary of the Department of the Treasury, Internal Revenue Service, 2022 WL 120356 (2d Cir. Jan. 13, 2022), illustrates a key point in employment discrimination law: namely, that a “work environment” that is or may be “hostile” in the ordinary, dictionary sense is not necessarily…

Read More Hostile Work Environment Claim Dismissal Against IRS Affirmed
Share This:
by

In Lax v. The City University of New York, 20-3906-cv, 2022 WL 103315 (2d Cir. Jan. 11, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s claim of a religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In order to establish a hostile…

Read More CUNY Professor’s Religion-Based Hostile Work Environment Claim Dismissal Affirmed
Share This:
by

In Huffman v. Brooklyn College, The City University of New York and Anne Lopes, No. 20-CV-06156, 2022 WL 43766 (E.D.N.Y. Jan. 5, 2022), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights…

Read More CUNY Italian Professor’s Age Discrimination Claims Sufficiently Alleged
Share This:
by

In Huffman v. Brooklyn College, The City University of New York and Anne Lopes, No. 20-CV-06156, 2022 WL 43766 (E.D.N.Y. Jan. 5, 2022), the court, inter alia, denied defendants’ motions to dismiss plaintiff’s national origin- and age-based discrimination claims. As to plaintiff’s national origin discrimination claims, the court explained: The court has little difficulty concluding…

Read More CUNY Italian Professor’s National Origin Discrimination Claims Sufficiently Alleged
Share This:
by

In Basso v. Willow Run Foods, Inc., No. 3:21-cv-00811, 2022 WL 35927 (N.D.N.Y. Jan. 03, 2022), the court, inter alia, held that plaintiff sufficiently alleged disability discrimination under the Americans with Disabilities Act (ADA). From the decision: Willow Run’s first assertion, that Basso fails to allege an adverse employment action, is simply incorrect. Plaintiff clearly…

Read More Crohn’s Disease Suffering Plaintiff Sufficiently Alleges ADA Disability Discrimination Claim, Court Holds
Share This:
by

In Honey v. Dover Downs, Inc., No. C.A. No. 19-1646-TMH, 2021 WL 6197082 (D.Del. Dec. 9, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. The court summarized the five elements that a plaintiff must prove in order to establish a hostile work environment claim…

Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment; Alleged Conduct Included Bodily Contact and Vulgar Comments
Share This:
by

In Brooks v. Prevention Point, No. 20-06379, 2021 WL 6125205 (E.D.Pa. Dec. 28, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim. (The court did, however, hold that plaintiff sufficiently alleged a “disparate treatment” race discrimination claims.) From the decision: Courts have dismissed hostile work environment claims where there is single, non-severe incident.…

Read More Race-Based Hostile Work Environment Claims Dismissed; Alleged “Badgering” Insufficient
Share This:
by

In Brooks v. Prevention Point, No. 20-06379, 2021 WL 6125205 (E.D.Pa. Dec. 28, 2021), the court, inter alia, held that plaintiff sufficiently alleged his claims of race discrimination. The court explained that, in order to make out a prima facie case of discrimination, plaintiff was required to show four elements, namely, that he “(1) is…

Read More Race Discrimination Claims Plausibly Alleged; Allegations Included Singling Out Etc.
Share This: