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 AffirmedA 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 ComplaintIn 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 DismissalFrom 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 DismissedIn 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 ClaimsIn 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 DismissedIn 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”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 AllegedIn 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”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