Pleading

by

In Salas v. New York City Department of Investigation, 2018 WL 1614339, 16-cv-8573 (S.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss, and held that plaintiff – who suffered from a stutter – stated a claim for a hostile work environment under the Americans with Disabilities Act (ADA). From the decision:…

Read More Plaintiff, Mocked For Stuttering, States Hostile Work Environment Claim Under the Americans with Disabilities Act
Share This:
by

In Bell v. Baruch College—CUNY, 16-cv-8378, 2018 WL 1274782 (S.D.N.Y. March 9, 2018), the court granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and the NYC Human Rights Law, but denied its motion to dismiss plaintiff’s Title VII retaliation claim. In sum, plaintiff – a…

Read More Retaliation Claim, But Not Female-on-Male Sexual Harassment (Hostile Work Environment) Claim, Survives Dismissal
Share This:
by

In Blair v. Brooklyn Transportation Corp., 17-cv-383, 2018 WL 1581974 (E.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss plaintiff’s gender discrimination claim. From the decision: Plaintiff’s allegations are sufficient for the Court to infer that Defendant discriminated against Plaintiff. Defendant was aware of Plaintiff’s transgender status because, when Plaintiff began…

Read More Transgender Discrimination Case Continues Against Brooklyn Transportation Corp.
Share This:
by

In Adams v. Delta Airlines, Inc., 16-cv-1986, 2018 WL 1532434 (E.D.N.Y. March 29, 2018), the court (inter alia) dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act. The court summarized the law:[1]The court noted that the Second Circuit “has not yet decided whether a hostile work environment claim may be made under…

Read More Hostile Work Environment Claim Not Stated; Reference to Actress Held Insufficient
Share This:
by

In Richardson v. Manhattan New York City Transit Authority, 2018 WL 1547593 (2d Cir. March 29, 2018) (Summary Order), the Second Circuit vacated the lower court’s decision dismissing the pro se plaintiff’s Title VII gender discrimination claim, on the ground that plaintiff did not allege facts showing that the alleged harassment was “motivated by” her…

Read More Gender Discrimination Claim Stated; Allegations Included Male Coworker Calling Plaintiff a “Bitch”
Share This:
by

From Hammond v. New York-Presbyterian Hosp./Columbia University Medical Center, 2018 WL 1448072 (N.Y.Sup.), 2018 N.Y. Slip Op. 30472(U) (NY Sup. Ct. March 20, 2018): The allegations in plaintiff’s complaint do not make out a claim for hostile work environment based on her religion under either the state or local human rights laws. Plaintiff includes only three…

Read More Religious Discrimination (Hostile Work Environment) Claim Not Stated; “Bible Ridicule” (Among Other) Allegations Insufficient
Share This:
by

In Annelise Osborne, Plaintiff, v. Moody’s Investors Service, Inc. and Nick Levidy in his official and individual capacities, Defendants, 17-cv-01859, 2018 WL 1441392 (S.D.N.Y. March 22, 2018), the court dismissed plaintiff’s hostile work environment claims under federal and state law, but permitted those claims to proceed under the New York City Human Rights Law. The…

Read More Hostile Work Environment Claim Against Moody’s Survives Under City Law, But Not Federal and State Law
Share This:
by

In Shaw v. McDonald, 17-1122, 2018 WL 1357382 (2d Cir. March 16, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of the plaintiff’s religious discrimination (disparate treatment) claim. The court gives us a refresher on the legal standard for pleading a discrimination under Title VII of the Civil Rights Act of 1964, including…

Read More Religious Discrimination Claim Dismissed; Remarks Held Not Probative
Share This:
by

In Anderson v. AlClear LLC, 18-cv-1525, 2018 WL 1318994 (EDNY March 14, 2018) (J. Cogan), the court dismissed plaintiff’s employment discrimination claims alleged under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. Plaintiff, proceeding pro se, alleged (as summarized by the court) that management in the company was…

Read More Employment Discrimination Claims Insufficiently Alleged Against AlClear LLC
Share This:
by

In Stoica v. Phipps, 2018 WL 1226045 (N.Y. Sup. Ct. N.Y. Cty. Index No. 153834/2017, March 8, 2018) (J. Lebovits), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claims under the New York State and City Human Rights Laws.[1]It also held that plaintiff sufficiently alleged various other claims, including…

Read More Nanny Sufficiently Alleges Hostile Work Environment / Sexual Harassment; Claims Were Not “Too Outrageous and Incredible to be Believed”
Share This: