Pleading

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In Moultry v. Rockland Psychiatric Center, 2020 WL 2765870 (SDNY May 28, 2020) (J. Roman), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of constructive discharge. From the decision: A “[c]onstructive discharge of an employee occurs when an employer, rather than directly discharging an individual, intentionally creates an intolerable work atmosphere that…

Read More Constructive Discharge Claim Sufficiently Alleged Against Rockland Psychiatric Center
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In Matthew v. JPMorgan Chase Bank, N.A., 2020 WL 2523064 (EDNY May 18, 2020) (J. Mauskopf), the court, inter alia, dismissed plaintiff’s national origin-based hostile work environment claim. From the decision: [Plaintiff] Matthew has not alleged any facts supporting an inference that she was terminated because of her race or gender. Indeed, the only allegation…

Read More Accent-Based National Origin Hostile Work Environment Claim Dismissed Against JPMorgan Chase
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In Laface v. Eastern Suffolk BOCES, 2020 WL 2489774 (EDNY May 14, 2020) (J. Spatt), the court, inter alia, held that plaintiff did not sufficiently allege that he suffered from a “disability” (here, a mold allergy0 within the meaning of the Americans with Disabilities Act (ADA). From the decision: Here, the Court denies the Plaintiff…

Read More Disability (Mold Allergy) Insufficiently Alleged; ADA Amendment Denied
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In Zabar v. New York City Department of Education, 2020 WL 2423450 (S.D.N.Y. May 12, 2020) (J. Gardephe), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim asserted under the Americans with Disabilities Act (ADA). From the decision: Plaintiff claims that she engaged in protected activity in the summer of 2016, when…

Read More NYC Teacher’s ADA Retaliation Claim Survives Dismissal
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In McElroy v. Mercer Health & Benefits LLC, No. 153735/2018, 2020 WL 2066336, 2020 N.Y. Slip Op. 31083(U) (N.Y. Sup Ct, New York County Apr. 29, 2020), an employment discrimination case, the court granted plaintiff’s motion to amend the complaint to add an additional plaintiff who has alleged similar employment discrimination causes of action against…

Read More Employment Discrimination Plaintiff May Amend Complaint to Add Additional Plaintiff
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In Johnson v. City of New York, 2020 WL 2036708 (S.D.N.Y. April 28, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race discrimination claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. On the race discrimination claim,…

Read More Firefighter’s Race Discrimination Claims Dismissed; Comments Were “Stray Remarks”
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In Johnson v. City of New York, 2020 WL 2036708 (S.D.N.Y. April 28, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual orientation discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Firefighter’s Sexual Orientation Discrimination Claim Survives Dismissal
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In Colbert v. FSA Store, Inc., Health E-Commerce, and Jeremy Miller, 2020 WL 1989404 (SDNY April 27, 2020), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964, SEction 1981 of the Civil Rights Act of 1866, and the New York State and City…

Read More Race Discrimination Complaint Survives Dismissal; Allegations Included “Coded Racial Comments”
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In Wright v. Whitsons Culinary Group, 20-cv-667, 2020 WL 1957529 (EDNY April 23, 2020), the court, inter alia, dismissed plaintiff’s complaint as it did not sufficiently/plausibly allege that he suffered discrimination based on a protected characteristic in violation of Title VII of the Civil Rights Act of 1964. From the decision: In this action, Plaintiff…

Read More Discrimination Complaint Dismissed; Comparators’ Characteristics Not Identified
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In Anderson v. New York City Department of Finance, 19-CV-7971, 2020 WL 1922624 (S.D.N.Y. April 21, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based discrimination and hostile work environment claims. As to his hostile work environment claim, the court explained, with respect to the nature and consistency of the alleged conduct:…

Read More Race-Based Hostile Work Environment Claim Dismissed Against NYC Department of Finance
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