Pleading

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In Le v. New York State, No. 1:16-CV-1517, 2017 WL 3084414 (N.D.N.Y. July 18, 2017), the court dismissed plaintiff’s Title VII discrimination, hostile work environment, and retaliation claims. Plaintiff – a woman of Asian descent – alleged that “defendant has wrongly sided with, and failed to take corrective action against, plaintiff’s co-workers and supervisors, who…

Read More Court Dismisses “Perceived as Muslim” Title VII Discrimination Claim, Among Others
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From McLeod v. Jewish Guild for the Blind, No. 15-2898-CV, 2017 WL 3044626 (2d Cir. July 19, 2017): Here, had the district court considered McLeod’s handwritten factual allegations alone, it would have been required to construe McLeod as having asserted claims under the NYSHRL and NYCHRL.1 McLeod’s allegations clearly suggest claims under the NYSHRL and NYCHRL,…

Read More 2d Circuit Vacates Dismissal of Sexual Harassment Claims Under New York State and City Human Rights Laws; Pro Se Plaintiff’s Failure to Check Boxes Not Fatal
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In Kleinman v. Fashion Institute of Technology, No. 16 CIV. 4348 (KPF), 2017 WL 3016940 (S.D.N.Y. July 14, 2017) (J. Failla), the court, inter alia, dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act. Initially, the court noted that while the “Second Circuit has not yet decided whether a hostile work environment…

Read More Court Dismisses ADA Hostile Work Environment Claim Against FIT
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In Falcon v. City University of New York, 15-cv-3421, 2017 WL 2982980, (E.D.N.Y. July 10, 2017), the court held that plaintiff sufficiently alleged a claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged sufficient facts to survive 12(b)(6) scrutiny regarding retaliation against her internal complaint…

Read More Title VII Retaliation Claim, Based on Internal/Informal Complaint, Survives Dismissal
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In Falu v. Cty. of Orange, No. 16-CV-0448 (NSR), 2017 WL 2889513, at *6 (S.D.N.Y. June 30, 2017), the court held that the plaintiff – a female corrections officers – sufficiently alleged a failure-to-promote gender discrimination claim. The court summarized the legal framework for such a claim: As noted, Falu’s Amended Complaint can be construed…

Read More Female Corrections Officer Sufficiently Alleges Gender Discrimination (Failure to Promote)
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In Iscenko v. City of New York, No. 16 CIV. 6535 (LGS), 2017 WL 2880553 (S.D.N.Y. July 5, 2017), the court dismissed plaintiff’s race discrimination claims The Complaint alleges that Defendants took adverse employment actions — suspended Plaintiff without pay, significantly diminished his responsibilities, filed charges against him and fired him — at least in…

Read More Court Dismisses White NYPD Detective’s Race Discrimination Claims
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In Phillips v. Central New York Psychiatric Center, No. 16-cv-0219, 2017 WL 2869938 (N.D.N.Y. July 5, 2017), the court articulated and applied the legal framework for evaluating comments as evidence of unlawful discrimination. The court explained: Verbal comments provide evidence of discriminatory intent when the plaintiff shows that a nexus exists between the allegedly discriminatory…

Read More Race/Gender Discrimination Claims Dismissed; “Sloppy” Remark Was Not Race-Based
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In Luka v. Bard College et al, No. 15-cv-4598, 2017 WL 2839641 (S.D.N.Y. June 29, 2017), the court held, inter alia, that plaintiff sufficiently alleged gender discrimination under the New York State Human Rights Law (NYSHRL). This decision is instructive on how courts apply pleading standards to such claims. The court summarized the law: To…

Read More Lesbian Professor, Denied Tenure, Plausibly Alleges Discrimination Under the NYS Human Rights Law Against Bard College
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In Marquart v. NYC Dept. of Education (NY Cty 150327/2016 June 27, 2017), the court held that plaintiff sufficiently alleged disability discrimination under the NYC Human Rights Law, and denied defendant’s CPLR 3211(a)(7) motion to dismiss that claim (it reached the opposite conclusion, however, as to plaintiff’s age discrimination claim). Plaintiff sufficiently alleged that he…

Read More Guidance Counselor Sufficiently Pleads Discrimination Based on Disability (Sleep Apnea) Under the NYC Human Rights Law
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In Padilla v. Yeshiva Univ., No. 16-4086-CV, 2017 WL 2347567 (2d Cir. June 2, 2017), the Second Circuit vacated the district court’s judgment that plaintiff failed to plausibly allege (1) retaliation under the Family and Medical Leave Act (FMLA) and (2) disability discrimination under the New York City Human Rights Law. Initially, the court summarized…

Read More FMLA Retaliation Claim, and NYC Human Rights Law Disability Discrimination Claim, Sufficiently Alleged
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