In Pelepelin v The City of New York, No. 154246/2018, 2019 WL 2371880 (N.Y. Sup Ct, New York County June 04, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination claims, under the New York State and City Human Rights Laws, based on his age and national origin (Russian). It held that plaintiff failed to…
Read More Court Dismisses NYPD Plaintiff’s Age, National Origin Discrimination ClaimsIn Hindi and Aljader v. The Port Authority of New York and New Jersey, 14-cv-8984, 2019 WL 2325969 (SDNY May 30, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiffs’ religion- and national origin-based hostile work environment claims. Plaintiffs’ allegations included having a picture of one’s face superimposed onto a picture…
Read More Hostile Work Environment Claim Dismissed; “Al-Qaeda” and Other Remarks Not “Severe” or “Pervasive”In Emengo v. Stark, 2019 WL 2206250 (2d Cir. May 22, 2019) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s failure-to-promote race/national origin discrimination claim. After summarizing the law, the court explained: While Defendants sufficiently established non-discriminatory reasons for the failure to promote Emengo, he has failed to present sufficient evidence that…
Read More Citing “Stray Remarks” Doctrine, 2d Circuit Affirms Dismissal of Plaintiff’s Discrimination ClaimIn Moza v. NYC Health and Hospitals Corp., No. 17-1051-cv, 2019 WL 1594782 (2d Cir. April 15, 2019) (Summary Order), the Second Circuit vacated the lower court’s order granting summary judgment on plaintiff’s race/ethnicity/national origin discrimination claims. After the court summarized the 3-step McDonnell Douglas burden-shifting framework for analyzing discrimination claims (the so-called “pretext” approach),…
Read More Pretext Shown; Race Discrimination Case Resurrected From Summary JudgmentIn Cubelo v. City of New York, 2019 NY Slip Op 00689 (App. Div. 1st Dept. Jan. 31, 2019), the court affirmed the dismissal of plaintiff’s discrimination and retaliation claims. Plaintiff – who was born in Spain – alleged that he was “passed over for several promotions in his employment as a civil engineer with…
Read More Court Affirms Dismissal of Engineer’s Discrimination and Retaliation ClaimsIn Daeisadeghi v. Equinox Great Neck, Inc., 16-CV-01698, 2019 WL 331637 (E.D.N.Y. Jan. 25, 2019), the court, inter alia, dismissed on summary judgment plaintiff’s national origin-based hostile work environment claim. This case teaches, among other things, that even “insulting” conduct does not necessarily result in the establishment of a hostile work environment claim. From the decision:…
Read More Hostile Work Environment Claim Dismissed Against EquinoxIn Yu v. City of New York et al, 17-CV-7327, 2018 WL 6250659 (S.D.N.Y. Nov. 29, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claims. It summarized the well-established legal standard: To bring a hostile work environment claim under federal or state law, a plaintiff must allege facts from which a court can…
Read More Hostile Work Environment Claims Dismissed; “Asian Girl” Comment InsufficientIn Lues v. City of New York, 2018 NY Slip Op 32546(U), Index No. 161923/2013 (NY Sup. Ct. NY Cty. Oct. 5, 2018), the court held that plaintiff’s retaliation, but not gender and nationality-based discrimination, claims survived summary judgment. With respect to her discrimination claims, the court noted, inter alia, the absence of “evidence demonstrating that…
Read More Retaliation Claim Continues Against City of New York; Court Cites Changed Demeanor After Learning of LawsuitFrom Kho v. New York and Presbyterian Hospital, 2018 WL 4759739 (S.D.N.Y. Sept. 30, 2018): The Hospital is entitled to summary judgment on Kho’s hostile work environment claims. These claims appear predicated on: (1) Holmes’ [plaintiff’s manager] comments regarding Kho’s accent and (2) occasions on which Holmes allegedly yelled at Kho. [T]he Court declines to…
Read More Court Explains Dismissal of Plaintiff’s Accent-Based Hostile Work Environment ClaimIn Casarella v. New York State Department of Transportation, 2018 WL 4372674 (S.D.N.Y. Sept. 13, 2018), the court, inter alia, held that plaintiff plausibly alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. “To establish a hostile work environment claim, a plaintiff must produce enough evidence to show…
Read More Hostile Work Environment Claim Survives Dismissal; Anti-Italian Slurs Were “Pervasive”