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 FDNYIn Reid et al v. County of Erie, 2017 WL 4676833 (WDNY Oct. 16, 2017), the court dismissed plaintiff’s race discrimination case, finding that the “written warning” plaintiff received was not an “adverse employment action.” The court explained, inter alia, that (generally), “[n]egative performance evaluations, formal reprimands, and counseling memoranda are not adverse employment actions…
Read More Written Warning Was Not an “Adverse Employment Action”; Race Discrimination Claim DismissedFrom Lufuluabo v. Nord Anglia Educ. Inc., 2017 NY Slip Op 32175(U) (Sup. Ct. NY Cty. Index # 159102/16 Oct. 16, 2017): Plaintiff has stated a potentially meritorious claim for discrimination under the NYCHRL. She is a member of a protected class and filed multiple complaints about comments by other employees, lack of diversity, and the negative treatment of…
Read More Plaintiff States Race Discrimination Claims Under the NYS and NYC Human Rights LawsIn Williams v. New York Hospital Medical Center of Queens, 16-3207-cv, 2017 WL 4461020 (2d Cir. Oct. 6, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s race-based failure-to-hire discrimination claim. Here are the facts, as (briefly) summarized by the court: Williams alleges that the Hospital stopped considering his employment application after a prospective…
Read More Failure-to-Hire Case Properly Dismissed, Notwithstanding “Bad” and “Unfair” TreatmentIn Lamarr-Arruz & Ansoralli v. CVS Pharmacy, Inc., 15-cv-04261, 2017 WL 4280690 (S.D.N.Y. Sept. 26, 2017), the court denied defendant CVS’s motion for summary judgment on plaintiff’s hostile work environment claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. Here I will focus…
Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment; Court Clarifies Scope of 42 U.S.C. § 1981In Rogers v. Bank of New York Mellon, 2017 WL 4157376 (S.D.N.Y. Sept. 19, 2017), the court granted defendants’ motion for reconsideration and dismissed plaintiff’s claims of race- and color-based pay discrimination in violation of Title VII of the Civil Rights of 1964, the New York State Human Rights Law, and the New York City…
Read More Race/Color-Based Pay Discrimination Claims Dismissed on ReconsiderationIn Freeman v. Rochester Psychiatric Center, 12-cv-06045 (WDNY Sept. 20, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s disparate treatment race discrimination claim under Title VII of the Civil Rights Act of 1964. It was undisputed that plaintiff was a member of a protected class and that he was qualified for his…
Read More Citing Employee’s “Serial Killer” Comment, Court Dismisses Race Discrimination (Disparate Treatment) Claim Against Rochester Psychiatric CenterIn 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 DismissIn Arcos v. New School University, 2017 WL 3868495, at *7 (S.D.N.Y., 2017), the court upheld a jury verdict that plaintiff was subjected to discrimination based on his race and national origin (Cuban/Hispanic) under Title VII, § 1981, the NYSHRL, and the NYCHRL. In sum, plaintiff – a Cuban-born Hispanic man – was a faculty member at…
Read More Court Upholds Jury Verdict in Cuban Professor’s Favor on Employment Discrimination ClaimsIn Butterfield-Bajinan v. City of New York, 2017 WL 4045175 (S.D.N.Y. Sept. 11, 2017), the court granted defendant’s motion to dismiss plaintiff’s Title VII race discrimination claim as insufficiently alleged. The court explained what a plaintiff asserting such a claim must allege: To survive a motion to dismiss, a complaint alleging employment discrimination under Title…
Read More Title VII Race Discrimination Claim Dismissed; Court Cites Lack of Alleged Racial Comments or Favorable Treatment of “Similarly Situated” Caucasian Employees