Pleading

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In Ingrassia v. Health & Hosp. Corp., No. 14 CV 1900 PKC, 2015 WL 5229444 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York held that plaintiff plausibly alleged claims of sexual harassment/hostile work environment, retaliation, and constructive discharge under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Hospital Worker Plausibly Alleges Hostile Work Environment/Sexual Harassment, Retaliation, and Constructive Discharge Claims
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In Vega v. Hempstead Union Free Sch. Dist., No. 14-2265-CV, 2015 WL 5127519 (2d Cir. Sept. 2, 2015), the Second Circuit held that plaintiff, a state employee, stated a claim for discrimination (based on his Hispanic ethnicity) and retaliation, and thus vacated the lower court’s order granting defendant’s motion for judgment on the pleadings under…

Read More Second Circuit Holds That Teacher Stated Discrimination and Retaliation Claims
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In Littlejohn v. City of New York, No. 14-1395-CV, 2015 WL 4604250 (2d Cir. Aug. 3, 2015), the Second Circuit clarified the pleading standards applicable to employment discrimination claims. Plaintiff, an African American woman, alleged that, while employed by the New York City Administration for Children’s Services, she was subjected to a hostile work environment and…

Read More Second Circuit Clarifies Pleading Standard For Employment Discrimination Cases
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In Anderson v. HotelsAB, LLC, No. 15CV712-LTS-JLC, 2015 WL 5008771 (S.D.N.Y. Aug. 24, 2015), plaintiff alleged that defendants discriminated against her in violation of the New York City Human Rights Law (NYCHRL) by refusing to hire her because of her relationship with her disabled son. This decision addresses the geographical reach of the NYCHRL. The facts, briefly:…

Read More Court Addresses Geographical Reach of NYC Human Rights Law in Associational Disability Discrimination Lawsuit
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In Viscecchia v. Alrose Allegria LLC, No. 14-CV-6064 JFB SIL, 2015 WL 4602729 (E.D.N.Y. July 30, 2015), plaintiff asserted claims of gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Specifically, the defendant fired plaintiff – a line cook – after he failed to comply…

Read More Selective Enforcement of Employee Hair Policy Gives Rise to Plausible Gender Discrimination Claims
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In Feliciano v. City of New York, No. 14 CIV. 6751 PAE, 2015 WL 4393163 (S.D.N.Y. July 15, 2015), the Southern District of New York held that plaintiff, a Hispanic Lieutenant employed by the New York City Sheriff’s Department, sufficiently alleged a prima facie case of discriminatory failure to promote based on race and national origin…

Read More Lieutenant Sufficiently Alleges Discriminatory Failure to Promote and (Limited) Retaliation Claim
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In Anderson v. Edmiston & Co., Inc. (App. Div. 1st Dept. Aug. 4, 2015), the court held that plaintiff sufficiently alleged claims of gender discrimination, hostile work environment, and retaliation under the NYC Human Rights Law, and affirmed Supreme Court’s denial of defendant’s motion to dismiss plaintiff’s complaint under CPLR 3211(a)(7). Plaintiff alleged, among other things, that her superior…

Read More Allegations of Vulgar Remarks About Women Sufficient to Plead Gender Discrimination and Hostile Work Environment
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In Nunez v. New York State Dep’t of Corr. & Cmty. Supervision, No. 14-CV-6647 JMF, 2015 WL 4605684 (S.D.N.Y. July 31, 2015), the court held that plaintiff – a parole officer – plausibly alleged sexual harassment under the New York City Human Rights Law, but not the New York State Human Rights Law. Plaintiff alleged that…

Read More Parole Officer Sufficiently Alleges Sexual Harassment Under NYC Human Rights Law
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In Burgis v. New York City Dept. of Sanitation (2d Cir. July 31, 2015), a putative class action race discrimination case brought by members of the NYC Dept. of Sanitation, the Second Circuit affirmed the dismissal of plaintiffs’ claims under the Fourteenth Amendment’s Equal Protection Clause and 42 USC 1981 and Title VII of the…

Read More Class Action Race Discrimination Case Properly Dismissed; Intent, Statistics Insufficiently Alleged
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In Aiola v. Malverne Union Free Sch. Dist., No. 15-CV-064 ADS GRB, 2015 WL 4276187 (E.D.N.Y. July 13, 2015), the court (among other rulings) dismissed plaintiff’s national origin (Italian) discrimination and hostile work environment claims on the pleadings. The court explained: [Plaintiff’s] Amended Complaint contains only one allegation relating to the Plaintiff’s national origin, namely,…

Read More “Costa Concordia Captain” Reference Insufficient to Support National Origin (Italian) Discrimination Claim
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