Pleading

by

In Kaplan v. New York State Department of Labor, 2019 WL 3252911 (S.D.N.Y. July 19, 2019), a case involving claims of discrimination based on religion, the court, inter alia, denied defendants’ motion to dismiss plaintiff’s federal claims.[1]The court dismissed plaintiff’s state law discrimination claims under Fed. R. Civ. P. 12(b)(1) on Eleventh Amendment (sovereign immunity)…

Read More Hostile Work Environment Claim, Based on Anti-Semitic Comments, Survives Dismissal
Share This:
by

In Kallinikos v. New York State Dept. of Corrections and Community Supervision et al, 2019 WL 3216769 (EDNY July 17, 2019), the court, inter alia, held that plaintiff sufficiently alleged religious discrimination, in the form of a failure-to-promote, under Title VII of the Civil Rights Act of 1964. The court explained the applicable pleading standard:…

Read More Religious Discrimination Failure-to-Promote Claim Sufficiently Alleged
Share This:
by

In Cao-Bossa v. New York State Dep’t of Labor, 18-CV-0509, 2019 WL 2743505 (N.D.N.Y. July 1, 2019), the court, inter alia, held that plaintiff should be permitted to amend her complaint to add a claim for national origin discrimination. From the decision: As to Plaintiff’s claim for national origin discrimination, Defendant argues that amendment would…

Read More National Origin Discrimination Claim by Chinese Plaintiff May Proceed; Persons Identified as “American” Were Appropriate Comparators
Share This:
by

Recently, the Second Circuit, in Legrand v. Walmart Stores East, LP, 2019 WL 3026881 (2d Cir. July 11, 2019) (Summary Order) held, inter alia, that one plaintiff sufficiently alleged discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, 42 U.S.C. § 1981,…

Read More Discrimination, Hostile Work Environment Claims (Based on Behind-the-Back Comments) Sufficiently Alleged, Court Holds
Share This:
by

In Lord v. Marilyn Model Mgt., Inc., 2019 NY Slip Op 05093 (App. Div. 1st Dept. June 25, 2019), the court reversed the lower court’s dismissal of plaintiff’s claim for breach of contract arising from defendant’s failure to pay him severance. The facts, as summarized by the court: As alleged in the complaint, plaintiff was…

Read More Modeling Scout Sufficiently Alleges Claims Relating to Failure to Pay Severance, First Department Holds
Share This:
by

In Osuan v. City of New York et al, 2019 WL 2544866, at *4 (S.D.N.Y. June 20, 2019), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of retaliation under 42 U.S.C. 1981. From the decision: Here, Osuan lodged a complaint with human resources about Martin’s behavior and was terminated without explanation only…

Read More Section 1981 Retaliation Claim Sufficiently Alleged; Termination Two Weeks After HR Complaint Plausibly Indicated Causation
Share This:
by

In Reilly v. First Niagara Bank, N.A., 2019 NY Slip Op 04974 (App. Div. 2nd Dept. June 19, 2019), the court affirmed the dismissal – for failure to state a claim under CPLR 3211(a)(7) – of plaintiff’s sex-based discrimination and hostile work environment claims under the New York State Human Rights Law, Executive Law §…

Read More Sex Discrimination, Hostile Work Environment Dismissal Affirmed
Share This:
by

A recent decision, Rodriguez v. Gikher, 2019 WL 2433596, at *2 (S.D.N.Y. June 11, 2019), provides an outline of the elements of a disability discrimination claim under the Americans with Disabilities Act (ADA), as well as what must be alleged to properly plead such a claim. The court explains: The ADA prohibits discrimination against a…

Read More “Barebones” ADA Disability Discrimination Complaint
Share This:
by

In Desouza v. Office of Children and Family Services, 2019 WL 2477796 (E.D.N.Y. June 12, 2019), the court clarified differences between/among the various theories available to a plaintiff in a gender discrimination/sexual harassment case. It explained (paragraphing altered): Though claims challenging disparate treatment, quid pro quo sexual harassment, and hostile work environment are all claims of…

Read More Court Clarifies Difference Between “Hostile Work Environment” and “Disparate Treatment” Gender Discrimination Claims; Absence of “Adverse Employment Action” Results in Dismissal
Share This:
by

From MARIOS PANAYIOTOU, Plaintiff, v. N.Y.C. DEPARTMENT OF EDUCATION, Defendant., 2019 WL 2453438, at *5 (E.D.N.Y., 2019): As to the alleged national origin- and age-based animus, the incidents as described are not severe or pervasive enough to support a hostile work environment claim. Again, the plaintiff cites the principal’s instruction to “speak clearly” – an…

Read More National Origin- and Age-Based Hostile Work Environment Claims Dismissed
Share This: