Pleading

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In Sobhi v. Sociedad Textil Lonia Corp., No. 13 CIV. 8073 AT MHD, 2014 WL 7474338 (S.D.N.Y. Dec. 30, 2014), the Southern District of New York held that plaintiff adequately alleged a “failure to accommodate” disability discrimination claim under the Americans with Disabilities Act (ADA). From the decision: Although Defendant initially granted Plaintiff eight weeks…

Read More Employer’s Firing Plaintiff During Recovery Plausibly Suggests Failure to Accommodate Under the Americans with Disabilities Act
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In a shocking development, the U.S. District Court for the District of Nebraska has issued a decision dismissing the “”lawsuit“” (one set of sarcastic quotation marks wasn’t enough, so I used two) filed last week by plaintiff Sylvia Ann Driskell against “Homosexuals”. (In her complaint, Ms. Driskell identifies herself as the “Ambassador” for God and Jesus…

Read More Court Dismisses Nebraska Woman’s Lawsuit Against Homosexuals
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In Petyan v. New York City Law Dept., 14-cv-1434, 2015 WL 1855961 (SDNY April 23, 2015), the court recommended the dismissal of plaintiff’s national origin (Israeli) discrimination and hostile work environment claims, but held that plaintiff plausibly alleged retaliation in the form of a negative performance evaluation. The court held: The law in [the Second] Circuit…

Read More Retaliation Claim, But Not National Origin Discrimination Claim, Survives Dismissal
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“To make out a prima facie [employment] discrimination claim [under Title VII of the Civil Rights Act of 1964], a plaintiff must demonstrate … (1) [he] was within the protected class; (2) [he] was qualified for the position; (3) [he] was subject to an adverse employment action; and (4) the adverse action occurred under circumstances giving…

Read More Second Circuit Clarifies What an “Adverse Employment Action” Is For Purposes of a Discrimination Claim
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In Bivens v. Institute for Community Living, 15-cv-07173 (SDNY April 17, 2015), the Southern District of New York held that plaintiff plausibly alleged gender discrimination under Title VII of the Civil Rights Act of 1964 (and, necessarily, the New York City Human Rights Law). In addition to providing guidance on pleading these types of claims,…

Read More Instructive Decision on Pleading a Title VII Gender Discrimination Claim
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In Green v. District Council 1707, a Summary Order issued by the Second Circuit on April 17, 2015, the U.S. Court of Appeals for the Second Circuit vacated a lower court’s order dismissing plaintiff’s race discrimination claim under 42 U.S.C. § 1981. “To survive a motion to dismiss, a discrimination complaint need not allege facts…

Read More Second Circuit Vacates Dismissal of Race Discrimination Claim
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In Grigoryou v. Pallet Serv., Inc., No. 13-CV-00526AM, 2015 WL 1647139 (W.D.N.Y. Apr. 14, 2015), the court denied defendant’s motion to dismiss plaintiff’s age discrimination claims based on theories of disparate treatment (termination) and hostile work environment. Plaintiff (who is 51 years old) alleged, for example, that most of the other employees were between 20…

Read More Treating Older Worker Worse Than Younger Co-Workers Sufficient to Allege Age Discrimination
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In Doe v. Hagenbeck et al., No. 13 CIV. 2802 AKH, 2015 WL 1611153 (S.D.N.Y. Apr. 13, 2015), the Southern District of New York held that plaintiff, a West Point cadet, sufficiently alleged gender discrimination under the Equal Protection Clause of the Fifth Amendment to the U.S. Constitution. The court cited numerous instances of inappropriate…

Read More West Point Cadet Sufficiently Alleges Equal Protection Gender Discrimination Claim
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In Graham v. Macy’s, Inc., SDNY 14-cv-3192 (March 23, 2015), Southern District Judge Paul Engelmayer granted defendant Macys’ motion to dismiss the pro se plaintiff’s claims of discrimination based on disability (here, arthritis and bipolar disorder) under the Americans with Disabilities Act (ADA). Although Judge Engelmayer determined that plaintiff’s complaint was deficient – citing, for example,…

Read More Disability Discrimination Roadmap
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In Figueroa v. RSquared NY Inc. (EDNY March 3, 2015), the Eastern District of New York held that plaintiff stated a claim for “quid pro quo” sexual harassment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In sum, plaintiff alleged that while on a leave of absence…

Read More Conditioning Return to Work on “Hooking Up” With “De Facto Supervisor” is Plausible Quid Pro Quo Sexual Harassment Theory, Court Holds
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