Employment Law

by

In Root v. City University of New York, No. 157151/2020, 2021 WL 4352697 (N.Y. Sup Ct, N.Y. Cty. Sept. 24, 2021) (Amended Sept. 27, 2021), the court held that plaintiff, a white/Caucasian Baruch College professor, sufficiently alleged race discrimination under the New York State and City Human Rights Laws. Plaintiff’s allegations concern a document called…

Read More White Baruch College Professor’s Race Discrimination Claims Survive Motion to Dismiss
Share This:
by

In Ramirez v. Temin & Company, Inc. et al, 20 Civ. 6258, 2021 WL 4392303 (S.D.N.Y. Sept. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged race, color, national origin, and sex discrimination under the New York City Human Rights Law. From the decision: Here, Ramirez alleges that [company owner] Temin suggested she…

Read More Race, Color, National Origin, Sex Discrimination Claims Sufficiently Alleged; Court Cites Comments Reflecting “Racial and Gendered Stereotypes”
Share This:
by

Some court decisions, particularly in the employment discrimination context, are perfect examples of “what not to do” in the workplace. In such a recent case, Shkoza v. NYC Health & Hospitals Corp., 20-CV-3646, 2021 WL 4340787 (S.D.N.Y. Sept. 22, 2021), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under the New…

Read More Sex-Based Hostile Work Environment Sufficiently Alleged; Allegations Included “Wives” Comment, Inappropriate Touching
Share This:
by

In Zuckerman v. GW Acquisition LLC d/b/a G&W Industries et al, 20-CV-8742, 2021 WL 4267815 (S.D.N.Y. Sept. 20, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy/lactation-related unlawful termination claims. (The court also denied defendants’ motion to dismiss plaintiff’s hostile work environment claims, which I addressed in a separate post.) The court…

Read More Breastfeeding Mother’s Gender/Pregnancy Discrimination Claims Survive Dismissal
Share This:
by

In Karupaiyan v. CVS Health Corp. et al, 19 Civ. 8814, 2021 WL 4341132 (S.D.N.Y. Sept. 23 2021), the court, inter alia, held that plaintiff sufficiently alleged claims of race discrimination against several defendants under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State and City Human…

Read More Race Discrimination Claims Survive Against CVS et al; Court Applies the “Stray Remarks” Doctrine
Share This:
by

In Fabor v. Niagara Frontier Transportation Authority, 19-CV-1573S, 2021 WL 4060420 (W.D.N.Y. Sept. 7, 2021) – a race discrimination and retaliation case asserted under Title VII of the Civil Rights Act of 1964 – the court discussed and applied the rules concerning the “administrative exhaustion” aspect of asserting a Title VII claim. In sum, before…

Read More Premature “Right to Sue” Letter Results in Dismissal of Race Discrimination an Retaliation Claims
Share This:
by

In Barney v. H.E.L.P. Homeless Service Corporation, 19 Civ. 5959, 2021 WL 4267629 (S.D.N.Y. Sept. 20, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim sexual orientation-based hostile work environment asserted under the New York City Human Rights Law. Notably, the court granted defendant’s motion for summary judgment on plaintiff’s…

Read More Sexual Orientation Hostile Work Environment Claim Survives Under City, But Not State and Federal, Law
Share This:
by

In Goldman v. Sol Goldman Investments, LLC, et al., 20-cv-06727, 2021 WL 4198253 (S.D.N.Y. Sept. 14, 2021), the court held that plaintiff sufficiently alleged that named defendant Sol Goldman Investments was plaintiff’s “employer” for purposes of his claims under the Age Discrimination in Employment Act (ADEA) and the New York State and City Human Rights…

Read More Court Discusses and Applies the “Single Employer” Doctrine in ADEA Discrimination Case
Share This:
by

In Eustache v. Bd. of Educ. of the City School Dist. of the City of New York, No. 153619/2019, 2021 WL 4219732 (N.Y. Sup Ct, New York County Sep. 16, 2021), the court held, inter alia, that plaintiff (a male paraprofessional a/k/a teaching assistant) sufficiently alleged sexual harassment by a co-worker under the New York…

Read More Male Teaching Assistant Sufficiently Alleges Sexual Harassment By Female Co-Worker
Share This:
by

In Hawkins-El v. NYC Transit Authority, 18-cv-07167, 2021 WL 4222400 (EDNY Sept. 16, 2021), the court, inter alia, dismissed plaintiff’s disability-based hostile work environment claim (asserted under the Americans with Disabilities Act) against the New York City Transit Authority. Plaintiff identified twelve incidents that he alleged created a hostile work environment, including plaintiff’s superintendent (Micelotta)…

Read More Hearing Disability Hostile Work Environment Claim Dismissed Against NYC Transit Authority
Share This: