In Rosas v. Balter Sales Co., Inc. et al, 12-CV-6557, 2018 WL 3199253 (S.D.N.Y. June 29, 2018), the court, inter alia, upheld a jury verdict – i.e., denied defendants’ motion for judgment as a matter of law under Fed. R. Civ. P. 50 – in plaintiff’s favor on his race-based hostile work environment claim.[1]The court also…
Read More Hostile Work Environment Claim Survives Dismissalin Tillery v. New York State Office of Alcoholism and Substance Abuse Services, 2018 WL 3098881 (2d Cir. June 25, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disparate treatment, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. As to her disparate treatment claim, plaintiff…
Read More Race Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed Against NYS Office of Alcoholism & Substance Abuse ServicesIn Napoleoni v. NYC Dept. of Parks & Recreation et al, 18-cv-2578, 2018 WL 3038502 (E.D.N.Y. June 18, 2018), the court, inter alia, dismissed plaintiff’s claims of race discrimination, age discrimination, and retaliation. Here is an excerpt from the decision, reflecting the court’s reasoning as to plaintiff’s discrimination claims: The Complaint fails to allege a race or…
Read More Court Dismisses Age/Race Discrimination and Retaliation Claims Against the NYC Dept. of Parks and Recreation, DC 37 UnionIn Emamian v. Rockefeller University, 07-cv-3919, 2018 WL 2849700 (S.D.N.Y. June 8, 2018) – a race/national origin discrimination case – the court held, inter alia, that the jury’s emotional distress damages award of $2 million was excessive, and remitted that award to $200,000. After providing a summary of the relevant “black-letter” law in this area, the…
Read More Court Remits Emotional Distress Damages Award in Employment Discrimination Case From $2M to $200KIn Mondesir v. North Shore-Lij Health System, 2018 WL 2722866 (N.Y. Sup. Ct. No. 150572/2017 June 6, 2018), the court dismissed plaintiff’s race-based hostile work environment employment discrimination claim.[1]Plaintiff filed a Notice of Appeal on June 8, 2018. Specifically, the court rejected plaintiff’s contention that a racially hostile work environment was created by her supervisor’s reference…
Read More Court Dismisses Hostile Work Environment Claim Based on Use of the Word “Girl” Towards Black WomanA recent decision, Jackson v. Time Warner Cable Administration LLC, 2018 WL 2371024 (S.D.N.Y. 16-cv-8639 May 18, 2018), illustrates that the proper focus in an employment discrimination case is not whether an employer’s non-discriminatory explanation for the allegedly wrongful action is reliable or true, but rather what motivated the employer. In this case, defendant terminated…
Read More Employment Discrimination Case Against Time Warner Dismissed; Racial Motive Not ShownIn Persaud v. Walgreens Co., 2018 NY Slip Op 03555, 2018 WL 2224185 (N.Y.A.D. 2 Dept. May 16, 2018), the court summarized the legal standard applicable to claims under the NYC Human Rights Law: The NYCHRL prohibits discrimination in employment based upon, inter alia, race and national origin (see Administrative Code of City of N.Y.…
Read More Dismissal of NYCHRL Race, National Origin Discrimination Claims AffirmedIn Romero v. City of New York, 2018 NY Slip Op 28108, 2018 WL 1746395 (N.Y. Sup. Ct. Bronx Cty. Index No. 23064/2017E, April 3, 2018), a race discrimination case asserted under the New York City Human Rights Law, the court held that the transfer of venue from Bronx County to Kings County pursuant to…
Read More Race Discrimination Case Transferred to Brooklyn, Where Only Non-Time-Barred Conduct “Arose” [Romero v. City of New York]In Luckie v. Northern Adult Day Health Care Center, 2018 NY Slip Op 03349, 2018 WL 2123993 (App. Div. 2d Dept. May 9, 2018), the Appellate Division, Second Department affirmed the dismissal of plaintiff’s complaint under CPLR 3211(a) pursuant to the NYS Human Rights Law’s “election of remedies” doctrine. This decision illustrates why employment discrimination…
Read More Employment Discrimination Complaint Properly Dismissed Under “Election of Remedies” Doctrine [Luckie v. Northern Adult Day Health Care Center]In Gordon v. Bayrock Sapir Organization LLC, 2018 NY Slip Op 03425, 2018 WL 2141237 (N.Y.A.D. 1 Dept., 2018), the court held that plaintiff survived summary judgment on her gender- and race-based hostile work environment claims and retaliation claims under the NYS and NYC Human Rights Laws, and on her discrimination claim under the NYC…
Read More Hostile Work Environment, Retaliation, Discrimination Claims Survive Summary Judgment Against Trump Soho