Employment Law

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In Burke v. Jose Luis Villa, Sadrac Louis, Bonefish Grill et al, No. 19-CV-2957, 2021 WL 5591711 (E.D.N.Y. Nov. 30, 2021), the court, inter alia, granted defendants’ motion for summary judgment dismissing plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff alleged…

Read More Retaliation Claim, Arising From Termination Following Sexual Harassment Complaint, Dismissed
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In Burke v. Jose Luis Villa, Sadrac Louis, Bonefish Grill et al, No. 19-CV-2957, 2021 WL 5591711 (E.D.N.Y. Nov. 30, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s same-sex sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. As to whether the harassment was “severe or…

Read More Same-Sex Sexual Harassment Claim Survives Summary Judgment
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A recent decision, Klimovitsky v. JG Innovative Industries, Inc. et al, No. 21-cv-755, 2021 WL 5712120 (EDNY Dec. 1, 2021), illustrates the mechanics of asserting an employment discrimination claim under Title VII of the Civil Rights Act of 1964. Here, the court dismisses the case – not on the merits, but rather because plaintiff failed…

Read More Sexual Harassment Plaintiff’s Complaint Dismissed Due to Premature Filing
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In Solomon v. County of Nassau, No. 20-cv-5227, 2021 WL 5631766 (E.D.N.Y. Dec. 1, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act (ADA). The court summarized the black-letter law regarding discrimination based on (including failure to accommodate) one’s “disability”: Discrimination under…

Read More ADA Discrimination Claim Sufficiently Alleged; Facts Indicated “Animosity” to Accommodate Plaintiff’s Disability
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In Myers v. Inspector Mary Christine Doherty et al, No. 21 Civ. 219, 2021 WL 5599502 (S.D.N.Y. Nov. 30, 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging a race-based hostile work environment under 42 U.S.C. § 1983 and the New York City Human Rights Law. The court held that plaintiff’s…

Read More Hostile Work Environment Claim Dismissed; “Hostile Looks”, “Castigation”, “Coldness” Bow Tie Remarks Held Insufficient
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In James v. Borough of Manhattan Community College et al, 20-cv-10565, 2021 WL 5567848 (S.D.N.Y. Nov. 29, 2021), the court, inter alia, dismissed plaintiff’s claims of a race- and age-based hostile work environment. This case aptly illustrates that a “work environment” that might be “hostile” in the ordinary sense is not necessarily a “hostile work…

Read More Hostile Work Environment Claim Dismissed; “Climate of Fear” Allegation Insufficient
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In Patterson v. City of New York, No. 158598/2020, 2021 WL 5445502 (N.Y. Sup Ct, New York County Nov. 09, 2021), the court, inter alia, dismissed plaintiff’s retaliation claim asserted against the City of New York under the New York City Human Rights Law. From the decision: To state a claim for retaliation under the…

Read More Retaliation Claim Dismissed Against City of New York; Allegation That Plaintiff “Spoke Out Against” Discrimination Was Conclusory
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In Sanchez v. Chevron North America Exploration and Production Co., 2021 WL 5513509 (5th Cir. Nov. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the “black letter” law, the court applied…

Read More Hostile Work Environment, Based on Race and National Origin, Sufficiently Alleged
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In Carey v. Chadds Ford Tavern, 20-4236, 2021 WL 5448960 (E.D. Pa Nov. 22, 2021), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and state law. In concluding that the alleged conduct was “severe or pervasive”,…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment Against PA Tavern
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In Dikambi v. City University of New York, Dr. Carlton J. Adams, 19-CV-9937, 2021 WL 5518187 (S.D.N.Y. Nov. 24, 2021), plaintiff asserted claims of gender discrimination, sexual harassment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and state law. The court…

Read More Hostile Work Environment Claim Stated; Court Addresses Novel Issue Regarding “Supervisor” Status
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