Pleading

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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 Claims
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In Lam v. New York City Department of Education, 18-cv-2756, 2019 WL 2327655, (S.D.N.Y. May 30, 2019), the court, inter alia, dismissed plaintiff’s Americans with Disabilities-based hostile work environment claim under Federal Rule of Civil Procedure 12(b)(6). In this case, plaintiff, a special education teacher, alleges that she suffers from anxiety, depression, degenerative spine or…

Read More Disability-Based Hostile Work Environment Claim Against NYCDOE Dismissed
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In Tsismentzoglou v. Milos Estiatorio Inc., 18-cv-9664, 2019 WL 2287902 (SDNY May 29, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination claim under the Age Discrimination in Employment Act of 1967 (ADEA). From the decision: Plaintiff has not shown circumstances giving rise to even a minimal inference of discrimination, however, Tsismentzoglou does not provide…

Read More Age Discrimination Claim Dismissed; Court Finds “Young Man’s Game” Comment To Be a “Stray Remark”
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In Kasperek v. New York State Department of Corrections and Community Supervision, 16-cv-00671, 2019 WL 2240391 (W.D.N.Y. May 24, 2019), the court denied defendant’s motion to dismiss plaintiff’s claim of gender discrimination. From the decision: Plaintiff has adequately alleged a claim for sex discrimination. The amended complaint contains several allegations relevant to an adverse employment…

Read More Sex Discrimination Claim Plausibly Alleged
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In Simon v. City of New York, 17-cv-9575, 2019 WL 916767 (S.D.N.Y. Feb. 14, 2019), the court, inter alia, dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA) because she did not sufficiently allege an “adverse employment action.” Specifically, this decision is instructive as to whether and to what extent a schedule…

Read More ADA Disability Discrimination Claim Dismissed; Schedule Change Was Not an “Adverse Employment Action”
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In Torres v. New York City Dept. of Education, 18-cv-2156, 2019 WL 2124891 (E.D.N.Y. May 15, 2019), the court, inter alia, denied defendant’s motion for dismissal on the pleadings (under FRCP 12(c)) of plaintiff’s failure to accommodate claim under the Americans with Disabilities Act. The court summarized the law as follows: An employer is liable…

Read More Citing Factual Issues, Court Declines to Dismiss ADA Failure to Accommodate Claim on the Pleadings
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In Torres v. New York City Dept. of Education, 18-cv-2156, 2019 WL 2124891 (E.D.N.Y. May 15, 2019), the court, inter alia, dismissed plaintiff’s retaliation claim under the New York City Human Rights Law. The court explained that that statute “does not require an adverse employment action and a plaintiff must only provide evidence she was…

Read More Plaintiff Fails to Plead That He Was Treated “Less Well” Because of His Disability; City Law Retaliation Claim Dismissed
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In Kurlender v. Ironside Group, Inc., 2019 WL 1317405 (E.D.N.Y., 2019), the court fully adopted a Magistrate Judge’s Report & Recommendation, inter alia, denying defendant’s motion to dismiss plaintiff’s Amended Complaint’s allegation that he was subjected to hostile work environment sexual harassment. The court summarized plaintiff’s allegations as follows: Plaintiff alleges in the Amended Complaint…

Read More Allegation of “Unwanted Touching” Sufficient to Plead Hostile Work Environment Sexual Harassment
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In Gonzalez v. NYU Langone Medical Center, No. 156647/2017, 2019 WL 1975543 (N.Y. Sup Ct, New York County Apr. 29, 2019), the court granted defendant’s CPLR 3211(a)(7) motion to dismiss, for failure to state a claim, plaintiff’s retaliation claims under the New York State and City Human Rights Laws. The court summarized the law as…

Read More Retaliation Claim Dismissed; Assistance With Another’s Hostile Work Environment Claim Did Not Qualify as “Protected Activity”
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In Colas v. City of University of New York, 17-cv-4825, 2019 WL 2028701 (E.D.N.Y. May 7, 2019), the court, inter alia, dismissed plaintiff’s pregnancy-based hostile work environment and constructive discharge claims. As to plaintiff’s hostile work environment claim, the court explained: Here, Defendants contend that Plaintiff’s allegations “amount to dissatisfaction with her supervisors, … personality…

Read More Pregnancy-Based Hostile Work Environment, Constructive Discharge Claims Dismissed Against CUNY
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