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The court in Feliz v. Metropolitan Transportation Authority, 2017 WL 5593517 (S.D.N.Y. Nov. 17, 2017) dismissed plaintiff’s employment discrimination (failure-to-promote) case. In sum, the plaintiff (a Hispanic male Police Officer employed by the MTA Police Department) argued that he applied for, and was denied, an internal promotion as a result of discrimination on the basis…

Read More Court Dismisses MTA Police Officer’s Gender & National Origin Discrimination Claims as Insufficiently Pleaded
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In Kassapian v. City of New York, 2017 NY Slip Op 07985, 2017 WL 5474008 (N.Y.A.D. 2 Dept. Nov. 15, 2017), the Second Department held that plaintiff sufficiently alleged claims of sexual harassment, age discrimination, and retaliation under the NYC Human Rights Law. As to plaintiff’s sexual harassment claim, the court explained: The allegation that…

Read More Sexual Harassment, Age Discrimination, and Retaliation Claims Survive Dismissal; Evidence Included Sex Toy at Work
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In Ada Damla Demir, Plaintiff-Respondent, v. Sandoz Inc., et al., Defendants-Appellants., 2017 WL 5328744 (App. Div. 1st Dept. Nov. 14, 2017), the court held that plaintiff sufficiently alleged violations of New York’s Whistleblower Law (Labor Law 740) and employment discrimination claim (under the New York State Human Rights Law). Initially, the court held that plaintiff’s Whistleblower…

Read More Whistleblower, Discrimination, and Hostile Work Environment Claims Survive Dismissal
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In Wood v. New York City Transit Authority, 2017 WL 4871371 (2d Cir. Oct. 30, 2017) (Summary Order), the court affirmed the dismissal of, inter alia, plaintiff’s failure-to-promote claim. Plaintiff, a New York City bus driver, filed this lawsuit after he was not promoted to dispatcher. The court gives us an overview of the applicable…

Read More Failure-to-Promote Claim Properly Dismissed; Proposed Comparators Did Not Engage in Similar Conduct
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In Pfizenmayer v. Hicksville Public Schools et al, 2017 WL 4994482, 17-0568-cv (2d Cir. Nov. 2, 2017) (Summary Order), the Second Circuit affirmed the dismissal – for failure to state a claim under Fed. R. Civ. P. 12(b)(6) – of plaintiff’s employment discrimination, hostile work environment, and retaliation claims under the Age Discrimination in Employment…

Read More Age Discrimination Claims Properly Dismissed, Notwithstanding “Troubling” Conduct
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In George Ful Ninying v. Fire Department, City of New York, 17-cv-688, 2017 WL 4570784 (E.D.N.Y. Oct. 11, 2017), the court dismissed – as insufficiently pled – plaintiff’s employment discrimination claims for failure to state a claim. Initially, the court explained that plaintiff sued the wrong entity (the FDNY). Specifically, the FDNY may not be…

Read More Employment Discrimination Claims Dismissed Against FDNY
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From McMahon v. Tomkins County, 16-CV-922, 2017 WL 4443884 (N.D.N.Y. Oct. 4, 2017) (J. Hurd): In determining whether a plaintiff suffered a hostile work environment, [a court] must consider the totality of the circumstances, including ‘the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether…

Read More Hostile Work Environment Claim Dismissed; Unpleasantness Was Unrelated to Protected Characteristics
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In Cherry v. NYC Housing Authority et al, 15-cv-6949, 2017 WL 4357344 (E.D.N.Y. Sept. 29, 2017) (J. Brodie), the court held (inter alia) that plaintiff sufficiently alleged gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff – a black male – alleged, among…

Read More Male Worker’s Gender Discrimination Among Claims Surviving Dismissal
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In Weinstein v. City of New York, New York City Department of Sanitation, 2017 WL 3891699 (S.D.N.Y. Sept. 5, 2017), the court held that plaintiff sufficiently alleged discrimination based on his race and religion under Title VII of the Civil Rights Act of 1964, and race, religion, and disability under the New York City Human Rights…

Read More Sanitation Worker’s Race, Color, & Disability Discrimination Claims Survive Motion to Dismiss
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In Yang Zhao v. Keuka College, 2017 WL 3917145 (W.D.N.Y., 2017), plaintiff – a U.S. Citizen of Chinese origin – alleged that she was denied tenure because of her ethnicity, race, and national origin. The court held that plaintiff did not sufficiently allege a hostile work environment claim: Plaintiff has not alleged a hostile work…

Read More Hostile Work Environment Claim Not Alleged; Discrete Incident of Discrimination Relating to Denial of Tenure Not Enough
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