Pleading

by

In Biehner v. City of New York et al, 19-CV-9646, 2021 WL 4924838 (S.D.N.Y. Oct. 20, 2021), the court, inter alia, dismissed plaintiff’s claim of gender/pregnancy discrimination under Title VII of the Civil Rights Act of 1964. From the decision: In any event, the plaintiff has not pleaded adequately the other elements required for her…

Read More Court Dismisses Title VII Gender/Pregnancy Discrimination Claim Against the City of New York
Share This:
by

In Jeanty v. Blue Rhino et al, 21-CV-8326, 2021 WL 4865202 (S.D.N.Y. Oct. 18, 2021), the court granted defendants’ motion to dismiss plaintiff’s employment (race) discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and 42 USC § 1981. In reaching its conclusion, with respect to Title VII, the court explained:…

Read More Race Discrimination (Unpaid Bonus, Termination) Claims Dismissed; Leave to Amend Granted
Share This:
by

In Oliveras v. City of New York, No. 159011/2020, 2021 WL 4868415 (N.Y. Sup Ct, N.Y. Cty. Oct. 19, 2021), the court held that plaintiff (a NYPD Officer) sufficiently alleged that he was subject to disability discrimination under the N.Y.C. Human Rights Law, and therefore denied defendants’ motion to dismiss. From the decision: Here, accepting…

Read More NYPD Officer’s Disability Discrimination Claims Sufficiently Alleged, Court Holds
Share This:
by

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
Share This:
by

In Sassi v. Mobile Life Support Services, No. 55, 2021 N.Y. Slip Op. 05449, 2021 WL 4732794 (N.Y., Oct. 12, 2021), the New York Court of Appeals broadly construed the New York laws prohibiting discrimination based on a prior criminal conviction. From the decision: On this appeal, based on the arguments preserved by the parties,…

Read More NY Court of Appeals Provides Plaintiff-Favorable Interpretation of Criminal Conviction Discrimination Law
Share This:
by

In Thompson v. Americare, Inc., No. 503679/2019, 2021 WL 4654619 (N.Y. Sup Ct, Kings County Sep. 23, 2021), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s retaliation claim asserted under the New York City Human Rights Law. From the decision: Plaintiff’s disclosure to Martinez of her pregnancy is a protected activity…

Read More Retaliation Claim, Arising From Pregnancy Disclosure, Survives
Share This:
by

In Ajoku v. New York State Office of Temporary and Disability Assistance, et al., No. 14321, 159104/18, 2020-02370, 2021 N.Y. Slip Op. 05394, 2021 WL 4597024 (N.Y.A.D. 1 Dept., Oct. 07, 2021), the court, inter alia, held that plaintiff sufficiently alleged national origin discrimination under the New York State Human Rights Law, and therefore reinstated…

Read More National Origin Discrimination Claim Reinstated
Share This:
by

In Donnelly v. The New York City and Vicinity District Council of the United Brotherhood of Carpenters and Joiners of America et al, 152197/2019, 2021 WL 4494816 (N.Y. Sup Ct, New York County Oct. 01, 2021), the court held that plaintiff sufficiently alleged retaliation under the New York City Human Rights Law. In sum, plaintiff…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Sufficiently Alleged Under the NYC Human Rights Law
Share This:
by

In Arbouin v. Bob’s Discount Furniture, LLC et al, 20-CV-1893, 2021 WL 4458932 (E.D.N.Y. Sept. 29, 2021), the court, inter alia, adopted a Magistrate Judge’s Report & Recommendation that defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claim be denied. From the decision: Defendants argue that the R&R errs in finding that the…

Read More Sexual Harassment Plausibly Alleged; Allegations Included Co-Worker’s Touching and Sexual (and Non-Sexual) Comments
Share This:
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: