In Reynolds v. State, No. 528410, 2020 N.Y. Slip Op. 00897, 2020 WL 572813 (N.Y.A.D. 3 Dept., Feb. 06, 2020), the court, inter alia, upheld a jury’s verdict on plaintiff’s hostile work environment (sexual harassment) claim under the New York State Human Rights Law. From the decision: We reject OPWDD’s argument that the verdict on…
Read More Sexual Harassment (Hostile Work Environment) Jury Verdict UpheldIn Yu v. City of New York, Administration for Children’s Services, 2020 WL 521863 (2d Cir. Feb. 3, 2020) (Summary Order), the court held, inter alia, that plaintiff’s hostile work environment claim was not (contrary to the district court’s conclusion) time-barred as a matter of law. Initially, the court upheld the district court’s dismissal of…
Read More Hostile Work Environment Claim Dismissal Vacated and RemandedIn Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff sufficiently alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged that, throughout his time working at the Printing Center he was…
Read More Hostile Work Environment Claim Sufficiently Alleged by Hispanic PlaintiffIn Matter of Colon (Staffing Solutions Org. LLC – Commissioner of Labor), No. 528844, 2020 N.Y. Slip Op. 00656, 2020 WL 476389 (N.Y.A.D. 3 Dept., Jan. 30, 2020), the court upheld the denial of unemployment benefits to claimant, who resigned from her employment citing, among other things, a hostile work environment. The Department of Labor…
Read More Unemployment Benefit Denial Upheld, Notwithstanding Alleged Hostile Work EnvironmentIn Reichman v. City of New York, No. 2016-03043, 8141/12, 2020 WL 465159 (N.Y.A.D. 2 Dept., Jan. 29, 2020), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. Plaintiff (a self-identifying-Jewish firefighter) alleged, among other things, that a fellow firefighter made an anti-Semitic remark, and that the plaintiff was subjected to…
Read More Firefighter’s Religion-Based Hostile Work Environment Claim Dismissal AffirmedIn Pratt v. Megan J. Brennan, Postmaster General et al, 2020 WL 364195 (S.D.N.Y. Jan. 22, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: Here, Plaintiff has failed to plausibly allege a hostile work environment claim. Plaintiff argues that the Amended Complaint includes “allegations of harassing and discriminatory conduct,”…
Read More Hostile Work Environment Claim Dismissed Against U.S. Postal ServiceIn Ibrahim v. Fidelity Brokerage Services LLC, 19-CV-3821, 2020 WL 107104 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, held that plaintiff sufficiently alleged sexual harassment under the New York City Human Rights Law, codified at N.Y.C. Admin. Code § 8–107(1)(a) (NYCHRL). The court’s decision nicely summarizes the present state of the law regarding how…
Read More Sexual Harassment Claims Sufficiently Alleged Against Fidelity Brokerage Services, Court HoldsIn Bermudez v. Bon Secours Charity Health System and Theresa Krell, 2020 WL 104992 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual harassment (hostile work environment) claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In this…
Read More Sexual Harassment Allegations May Proceed, For Now, Under the Continuing Violations DoctrineIn Fleurentin v. New York City Health & Hospitals Corp. et al, 18-cv-05004, 2020 WL 42841 (E.D.N.Y. Jan. 3, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. In this case, in sum, plaintiff – a Haitian man – alleged that “over the course of a decade the defendants repeatedly discriminated against him…
Read More Hostile Work Environment Claim Dismissed; Santa Claus Role Denial (etc.) InsufficientWhile relatively short, the First Department’s recent decision in Donovan v. NYC Housing Authority, 2019 N.Y. Slip Op. 09394, 2019 WL 7173616 (N.Y.A.D. 1 Dept., Dec. 26, 2019), is instructive on the scope of medical discovery that courts will allow/disallow in an employment discrimination case. The court below had issued an Order denying defendant’s motion,…
Read More Court Orders Medical Discovery in Employment Discrimination/Retaliation Case