In Marcus v. Leviton Mfg. Co., No. 15CV656SJFGRB, 2016 WL 74415 (E.D.N.Y. Jan. 6, 2016), the Eastern District of New York dismissed plaintiff’s age discrimination case for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Although this plaintiff loses, Judge Feuerstein’s decision is instructive regarding what judges look for when evaluating…
Read More Pleading Lessons From a Dismissed Age Discrimination CaseIn Taft v. Agric. Bank of China Ltd., No. 15 CIV. 5321 (PAE), 2016 WL 80209 (S.D.N.Y. Jan. 6, 2016), the Southern District of New York ruled on defendant’s motion to dismiss plaintiff’s whistleblower retaliation claim under the Bank Secrecy Act (BSA). Plaintiff alleged that “she was subjected to frequent sexually charged comments and gender-related…
Read More Court Interprets Retaliation Provision of the Bank Secrecy ActIn Magnotti v. Crossroads Healthcare Mgmt., LLC, No. 14-CV-6679 ILG RML, 2015 WL 5173528 (E.D.N.Y. Sept. 3, 2015), the court held the plaintiff, a pharmacist, plausibly alleged a claim of retaliation under the Americans with Disabilities Act. It explained: In order to state a claim for retaliation, plaintiff must allege that (1) he engaged in an…
Read More Pharmacist’s Complaint of Reduction in Hours After Surgery Supports ADA Retaliation ClaimIn Alexander-Callender v. NBTY et al, No. 14-CV-2462 (JS)(AYS), 2015 WL 9581819 (E.D.N.Y. Dec. 30, 2015), the Eastern District of New York dismissed, as insufficiently pled, plaintiff’s sexual harassment (hostile work environment), race discrimination, and retaliation claims. In her complaint, plaintiff alleged that a co-worker, for example, stared at plaintiff in a “sexually inappropriate manner”…
Read More Sexual Harassment Hostile Work Environment Claim Insufficiently AllegedIn Dooley v. JetBlue Airways Corp., No. 15-1356-CV, 2015 WL 9261293 (2d Cir. Dec. 18, 2015), a Summary Order, the Second Circuit vacated the dismissal of plaintiff’s claim of disability discrimination under the Americans with Disabilities Act (ADA). Initially, the court held, contrary to the district court, that plaintiff sufficiently alleged discrimination under the ADA.…
Read More Plaintiff Sufficiently Alleged Disability Discrimination Against JetBlueIn Dingle v. Bimbo Bakeries USA/Entenmann’s, No. 14-1215-CV, 2015 WL 8952903 (2d Cir. Dec. 16, 2015), the Second Circuit vacated the dismissal, for failure to state a claim under FRCP 12(b)(6), of plaintiff’s employment discrimination complaints. Plaintiff’s allegations, in a nutshell: Dingle alleged that a photo of a nude man resembling Dingle was distributed among employees who made…
Read More Second Circuit Revives “Perceived Sexual Orientation Discrimination” ClaimIn Tekle v. Wegmans Food Markets, Inc., No. 15-CV-6386, 2015 WL 8485273 (W.D.N.Y. Dec. 9, 2015), the court granted defendant’s motion under FRCP 12(b)(6) to dismiss plaintiff’s race discrimination, hostile work environment, and retaliation claims. This case illustrates that even arguably “disturbing and arguably race-based” incidents are not necessarily enough to establish violations of the…
Read More Threat to “Hang” Plaintiff Insufficient to State Hostile Work Environment ClaimIn her New York State Supreme Court sexual harassment lawsuit, captioned Toktassynova v. Adam Victor et al (NY Sup. Ct. NY Cty. Index # 162327/2014) and filed March 12, 2015 (NYSCEF Doc. No. 22), plaintiff asserts various claims – including sexual harassment, hostile work environment, and retaliation – against defendant Adam H. Victor and various entities.…
Read More Court Strikes Extraneous Matter Regarding (e.g.) Prostitution From Answer to Sexual Harassment LawsuitIn Malanga v. NYU Langone Med. Ctr., No. 14CV9681, 2015 WL 7019819, (S.D.N.Y. Nov. 12, 2015), the Southern District of New York held that plaintiff sufficiently alleged her claims of retaliation under the False Claims Act and sexual orientation discrimination (hostile work environment) under the NYC Human Rights Law (NYCHRL). Here is her amended complaint. False…
Read More Plaintiff Sufficiently Alleges False Claims Act and Sexual Orientation Discrimination (Hostile Work Environment) Claims Against NYU Langone Medical CenterIn Busby v. Syracuse City Sch. Dist., No. 5:15-CV-1007 LEK/ATB, 2015 WL 5820972 (N.D.N.Y. Oct. 5, 2015), the court adopted the Magistrate Judge’s Report and dismissed plaintiff’s employment discrimination claims as insufficiently pled. There, plaintiff alleged that she was dismissed from her employment as a “School Monitor” at the McKinley–Brighton School in Syracuse after twenty…
Read More Failure to Allege Discriminatory Motivation Results in Dismissal of Complaint