Pleading

by

In Brown v. Montefiore Medical Center, 19-CV-11474, 2022 WL 392313 (S.D.N.Y. February 9, 2022), the court, inter alia, denied plaintiff’s motion to amend his complaint – which alleged employment (race) discrimination, hostile work environment, and retaliation – to allege constructive discharge stemming from a hostile work environment claim. (In a prior decision, dated March 25,…

Read More Request to Amend Race Discrimination Complaint to Add Constructive Discharge Claim Denied as “Futile”
Share This:
by

In Chandler v. La-Z-Boy, Inc., No. 5:21-cv-05101-JMG, 2022 WL 348169 (E.D.Pa. Feb. 4, 2022), the court granted defendants’ motion to dismiss plaintiff’s discrimination/constructive discharge and hostile work environment claims asserted under 42 U.S.C. § 1981. Plaintiff alleges, inter alia, that three weeks into her employment, she was called a “colored girl” by her manager, and…

Read More Constructive Discharge Claim, Based on “Colored Girl” Comment, Fails
Share This:
by

In Xu v. Omnicom Group Inc., No. 518453/2019, 2022 WL 135325, 2022 N.Y. Slip Op. 30133(U) (N.Y. Sup Ct, Kings County Jan. 06, 2022), the court granted an individual defendant’s (John Wren) motion to dismiss plaintiff’s claims of discrimination based on race (Chinese), national origin (China), disability, and age. This case is instructive as to…

Read More Discrimination Claims Dismissed Against, and Protective Order Issued Barring Deposition of, Individual Defendant
Share This:
by

In Richards v. The Department of Education of the City of New York et al, 21-cv-338, 2022 WL 329226 (S.D.N.Y. Feb. 2, 2022), the court, inter alia, held that plaintiff plausibly alleged retaliation. The court did, however, dismiss several of plaintiff’s other claims, such as for race- and religion-based hostile work environment. Accordingly, this case teaches…

Read More Retaliation Claim Survives, In Part, Against NY Dept. of Education
Share This:
by

In Gurley v. David H. Berg & Associates d/b/a Berg & Androphy et al, 20 Civ. 9998, 2022 WL 309442 (S.D.N.Y. Feb. 2, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim for a race-based hostile work environment under the New York City Human Rights Law. This case illustrates the difference between…

Read More Race-Based Hostile Work Environment Claim Survives Under NY City, But Not Federal and NY State, Law
Share This:
by

In Adeniji v. The City of New York et al, 19-CV-8032, 2022 WL 254939 (S.D.N.Y. Jan. 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination against the City of New York asserted under Title VII of the Civil Rights Act of 1964. Among other things, the court discussed and applied the…

Read More Title VII Race Discrimination Claim (Based on “Lazy”, “Inferior” Remarks) Survives Against City of New York
Share This:
by

In a recent case, Stevenson v. New York State Department of Corrections and Community Supervision et al, 2022 WL 179768 (W.D.N.Y. Jan. 20, 2022), the court, inter alia, held that plaintiff sufficiently alleged a retaliatory hostile work environment claim. From the decision: Defendants Sticht, Balcer, and Yehl assert that the Complaint lacks any plausible allegations…

Read More “Retaliatory Hostile Work Environment” Claim Survives Dismissal
Share This:
by

In Tarantul v. New York City Health and Hospitals Corp., No. 159425/2020, 2022 WL 159587 (N.Y. Sup Ct, New York County Jan. 18, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim that defendant failed to engage in a cooperative dialogue, pertaining to an alleged disability, in violation of the New York City Human…

Read More Failure to Plead “Disability” Dooms “Cooperative Dialogue” Claim Under NYC Human Rights Law
Share This:
by

In Tarantul v. New York City Health and Hospitals Corp., No. 159425/2020, 2022 WL 159587 (N.Y. Sup Ct, New York County Jan. 18, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s “caregiver status” discrimination claim asserted under the New York City Human Rights Law, finding that such claim was sufficiently alleged. (The…

Read More Caregiver-Status Discrimination Claim Sufficiently Alleged Against NYC Health & Hospitals Corp.
Share This:
by

In Samuel v. Devachan Hair and Spa, Inc., No. 150598/2020, 2022 WL 103412 (N.Y. Sup Ct, New York County Jan. 05, 2022), the court, inter alia, held that plaintiff sufficiently alleged a “hybrid” – here, race-plus-gender – discrimination claim asserted under the New York City Human Rights Law. From the decision: Defendants move to dismiss…

Read More Race-Plus-Gender Claim Survives Dismissal Under NYC Human Rights Law
Share This: