In Isbell et al v. City of New York, 2018 WL 2389075 (S.D.N.Y., May 25, 2018), the court (inter alia) denied defendants’ motion to dismiss plaintiffs’ claims under the NYC Human Rights Law (but granted their motion to dismiss plaintiffs’ discrimination claims under federal and state law). In so doing, the court highlights the relative…
Read More Discrimination Claims Survive Under the NYC Human Rights LawIn Famighette v. Joseph Rose and Town of Huntington, 17-cv-2553, 2018 WL 2048371 (E.D.N.Y. May 2, 2018), the court, inter alia,[1]The court also denied defendants’ motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. dismissed plaintiff’s gender discrimination claim asserted on a theory of “sex stereotyping.” In sum, plaintiff –…
Read More Sex Stereotyping Gender Discrimination Claim Dismissed [Famighette v. Joseph Rose and Town of Huntington]In Famighette v. Joseph Rose and Town of Huntington, 17-cv-2553, 2018 WL 2048371 (E.D.N.Y. May 2, 2018), the court, inter alia,[1]The court also dismissed plaintiff’s gender discrimination/sex stereotyping claim under Title VII of the Civil Rights Act of 1964. denied defendant’s motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act…
Read More Age Discrimination (ADEA) Claim Survives Dismissal; “But For” Causation Need Not Be Established at the Pleading Stage [Famighette v. Joseph Rose and Town of Huntington]In Rybnik v. MW 303 Corp., 2018 WL 2046571 (N.Y. Sup. Ct. N.Y. Cty., Index No. 158679/16, April 27, 2018), the court held that the plaintiff may amend her sexual harassment complaint. Here is the legal standard, as explained by the court: Leave to amend pleadings pursuant to CPLR §3025(b) should be freely given “absent prejudice…
Read More Sexual Harassment Plaintiff May Amend Her Complaint, Court Rules [Rybnik v. MW 303 Corp.]In Mejia v. T.N. 888 Eighth Ave. LLC Co., 2018 WL 1988855 (NY Sup. Ct. NY Cty., Index No. 150228/2014), the court held that plaintiff sufficiently alleged retaliation under New York Labor Law 215. In his thorough and well-reasoned opinion, New York Supreme Court Justice Robert Kalish wrote, inter alia: Plaintiff then alleged that, in retaliation…
Read More Plaintiff States Retaliation Claim Under NY Labor Law 215 [Meija v. T.N. 888 Eighth Ave LLC]In Duplan v. City of New York, 2018 WL 1996613 (2d Cir. April 30, 2018), the U.S. Court of Appeals held, inter alia, that plaintiff – a gay black Haitian man – sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964. The court initially held that plaintiff, a New York City…
Read More Title VII Retaliation Claim Survives Dismissal [Duplan v. City of New York]In Valentine v. Brain & Spine Surgeons of New York, P.C., 17-cv-2275, 2018 WL 1871175 (S.D.N.Y. April 16, 2018), the court denied in part defendants’ motion to dismiss plaintiff’s failure-to-accommodate claim under the Americans with Disabilities Act (ADA). Plaintiff alleged, in sum, that defendant violated the ADA by firing her several days after she returned…
Read More Failure to Accommodate Disability Claim Survives Dismissal [Valentine v. Brain & Spine Surgeons of New York, P.C.]In Gray v. Onondaga-Cortland-Madison Boces, 16-973, 2018 WL 1804694 (N.D.N.Y. April 13, 2018), the court held that plaintiff’s sexual harassment claim did not sufficiently allege that claim. The court explained the procedural framework for evaluating the sufficiency of claims in federal complaints: Fed. R. Civ. P. 8(a)(2) requires that a pleading contain “a short and…
Read More Sexual Harassment “Label” Insufficient; Claim DismissedIn 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 ActIn 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