Pleading

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In Von Maack v. Wyckoff Heights Med. Ctr., 140 A.D.3d 1055 (N.Y. App. Div. 2d Dept. June 22, 2016), the court held that (1) an arbitration determination that plaintiff was terminated for just cause did not collaterally estop her from pursuing a retaliation claim under New York’s “health care whistleblower law”, codified at New York Labor Law…

Read More Health Care Whistleblower Claim Sufficiently Alleged; Arbitration Decision That Termination Was For “Just Cause” Did Not Preclude Retaliation Claim
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In Epstein v. County of Suffolk & Suffolk County Community College, No. 14-CV-0937, 2016 WL 4257349 (E.D.N.Y. Aug. 11, 2016), the court dismissed plaintiff’s claims for, e.g., age discrimination, disability discrimination (failure to provide reasonable accommodation), and hostile work environment. In this post I’ll discuss the court’s evaluation of plaintiff’s failure-to-accommodate-disability and hostile work environment claims.…

Read More Professor’s Hostile Work Environment & Sleep-Related Disability Discrimination Claims Dismissed as Insufficiently Pled
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A recent decision, Campisi v. The City University of New York & Dean George Ranalli, No. 15 CIV. 4859 (KPF), 2016 WL 4203549 (S.D.N.Y. Aug. 9, 2016), addresses the interplay between Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688). Plaintiff, a…

Read More Student Worker Plausibly Alleges Title IX Hostile Work Environment Sexual Harassment Claim Against CUNY
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In Doe v. Columbia Univ., No. 15-1536, 2016 WL 4056034 (2d Cir. July 29, 2016), the court held that the plaintiff adequately pled facts that plausibly support a minimal inference of sex bias. Plaintiff, a male Columbia University student, alleges that Columbia violated Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et…

Read More Title IX Claims Plausibly Alleged Against Columbia University
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In Yang v. Dep’t of Educ. of the City of New York, 2016 WL 4028131 (E.D.N.Y. July 26, 2016), the court denied defendant’s FRCP 12(b)(6) motion to dismiss plaintiff’s disparate treatment and hostile work environment claims based on her national origin (Chinese). As to plaintiff’s hostile work environment claim, the court explained: [T]he Court concludes…

Read More National Origin (Chinese) Disparate Treatment and Hostile Work Environment Claims Plausibly Alleged
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In Dhar v. City of New York, No. 15-2698-CV, 2016 WL 3889108 (2d Cir. July 15, 2016) (Summary Order), the court affirmed the dismissal of plaintiff’s retaliation claim under Federal Rule of Civil Procedure 12(b)(6). “To state a prima facie claim of retaliation, a plaintiff must show (1) participation in a protected activity; (2) that the…

Read More 2d Circuit Affirms Dismissal of Retaliation Claim, Citing Large Gap Between Protected Activity and Adverse Actions
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In Tiffany v. Dzwonczyk, 2016 WL 3661410 (N.D.N.Y. July 5, 2016), the court dismissed plaintiff’s claim asserting retaliation in violation of the Family and Medical Leave Act (FMLA). The court summarized the law: The Second Circuit recognizes two claims under the FMLA: (i) interference with FMLA rights; and (ii) retaliation for exercising FMLA rights. … To…

Read More FMLA Retaliation Claim Dismissed; Yearlong Work Absence Was Not FMLA-Protected, Evidence of Causation Lacking
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In Carter v. Syracuse City School District, No. 15-2395, 2016 WL 3671631 (2d Cir. July 11, 2016) (Summary Order), an employment discrimination case, the Second Circuit vacated the district court’s dismissal of plaintiff’s discrimination and retaliation claims. Initially, the court held that the District Court incorrectly dismissed plaintiff’s State Human Rights Law claim because plaintiff…

Read More Second Circuit Revives Discrimination Claims Against School District; Discusses Title VII Pleading Standards for Discrimination and Retaliation Claims
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In Staten v. City of New York, No. 15-2611, 2016 WL 3569906 (2d Cir. June 30, 2016) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s hostile work environment claim. This case illustrates the importance of context – specifically, the nature of the plaintiff’s job – in evaluating hostile work environment claims. From the…

Read More No Hostile Work Environment Claim Stated by Police Officer Based on Receipt of “Dangerous Orders”
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In Godino v. Premier Salons, Ltd., No. 13705/13, 2016 NY Slip Op 05118, 2016 WL 3533532 (N.Y. App. Div. 2d Dept. June 29, 2016), the court affirmed the denial of defendants’ motion to dismiss plaintiff’s complaint alleging age discrimination and hostile work environment. On a motion to dismiss a complaint for failure to state a cause…

Read More Plaintiff Hairstylist Sufficiently Alleges Age Discrimination and Hostile Work Environment; Survives CPLR 3211(a)(7) Motion to Dismiss
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