Failure to Hire

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In Syeed v Bloomberg L.P., No. 20, 2024 N.Y. Slip Op. 01330, 2024 WL 1097279 (N.Y. Ct. App. Mar. 14, 2024), the New York Court of Appeals, answered the following certified question from the U.S. Court of Appeals for the Second Circuit: Whether a nonresident plaintiff not yet employed in New York City or State…

Read More NY Court of Appeals Issues Worker-Friendly Decision as to NYC Human Rights Law’s “Impact” Requirement
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In Qiu v. Board of Education of Woodford Cnty. Public Schools, Civil Action No. 5: 22-196-DCR, 2023 WL 6291896 (E.D.Ky. Sept. 27, 2023), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of employment discrimination (based on national origin) asserted under Title VII of the Civil Rights Act of 1964. Generally,…

Read More Failure-to-Hire Discrimination Claim Dismissed; Plaintiff Was Not “Qualified” For Physics Teacher Position
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In Godwin v. Young Adult Institute, Inc., No. 154663/2021, 2023 WL 7002751 (N.Y. Sup Ct, New York County Oct. 24, 2023), the court granted plaintiff’s motion to dismiss plaintiff’s race-based failure-to-hire claim asserted under the New York City Human Rights Law. From the decision: Accepting the allegations in the [complaint] as true and providing plaintiff…

Read More Failure-to-Hire Race Discrimination Claim, Based in Part on Cardi B Comment, Dismissed
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In Bernhard v. Google, Inc., No. 155597/2020, 2023 WL 2989640 (N.Y. Sup Ct, New York County Apr. 14, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-hire claim asserted under the New York City Human Rights Law. This decision is instructive as to how courts assess such claims under the NYCHRL. From…

Read More Failure to Hire Claim Sufficiently Alleged Under the NYCHRL Against Google
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In Blackman v. Metropolitan Transit Authority, NYC Transit Authority et al, No. 2019-09440, Index 502489, 2022 WL 1760133 (N.Y.A.D. 2 Dept. June 01, 2022), the court, inter alia, held that the lower court properly denied defendants’ motions for summary judgment on plaintiff’s race-based failure-to-hire and failure-to-promote claims asserted under the New York State and City…

Read More Discriminatory Hiring, Promotion Claims Survive Summary Judgment Against NYC Transit Authority
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In Harris v. Oscar De La Renta, LLC, 2022 WL 540659 (SDNY Feb. 22, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based failure-to-hire claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In this case, the plaintiff states a claim for failure to hire. The…

Read More Race-Based Failure-to-Hire Discrimination Claim Will Proceed Against Oscar De La Renta
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In Diresta v. Biz2Credit Inc. et al, 21-cv-208, 2021 WL 6052104 (S.D.N.Y. Dec. 20, 2021), the court, inter alia, dismissed plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act of 1967. From the decision: The Amended Complaint does not allege facts that either provide “minimal support for the proposition that the…

Read More Age Discrimination (Failure-to-Hire) Claim Dismissed
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In Stalling v. FINRA, 21-CV-8390, 2021 WL 5166406 (S.D.N.Y. Nov. 5, 2021), the court, inter alia, dismissed plaintiff’s “failure to hire” discrimination claim as insufficiently alleged. The court explained the governing law (substantive and procedural) as follows: Title VII provides that “[i]t shall be an unlawful employment practice for an employer … to fail or…

Read More Race and Sex Discrimination Claims Dismissed Against FINRA
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In Benedith v. White Plains Hospital, 2021 WL 4555192 (S.D.N.Y. Oct. 4, 2021), the court dismissed plaintiff’s complaint, which asserted claims of race, color, and national origin discrimination (in the form of a failure to hire him as a physician). The court explained: At the pleading stage in an employment discrimination action, a plaintiff must…

Read More Failure-to-Hire Discrimination Claim Dismissed; Alleged “Contradiction” on Website Insufficient
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In a recent case, Scalercio-Isenberg v. Morgan Stanley Services Group Inc., 2020 WL 4547317 (S.D.N.Y. Aug. 6, 2020), the court, inter alia, dismissed plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act. The court summarized the law, in pertinent part, as follows: ADA disability discrimination claims are also subject to the McDonnell Douglas…

Read More Court Dismisses Failure-to-Hire ADA Disability Discrimination Claim, Citing Defendant’s Lack of Knowledge of Disability
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