Religion-Based Discrimination

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From Matter of Khan v. N.Y. City Health & Hosps. Corp., 144 A.D.3d 600 (N.Y. App. Div. 1st Dept. Nov. 29, 2016): The termination of petitioner’s appointment as Director of Pharmacy did not violate a constitutional or statutory provision or a policy established by decisional law (see Matter of Bergamini v. Manhattan & Bronx Surface…

Read More Pharmacy Director’s Race, Religion, National Origin Discrimination Claims Properly Dismissed; Article 78 Proceeding Unsuccessful
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Bible quotes and religious messages have no place inside public school classrooms. That is, basically, the takeaway from Silver v. Cheektowaga Cent. Sch. Dist., No. 16-102, 2016 WL 6584914 (2d Cir. Nov. 7, 2016) (Summary Order), which affirmed the dismissal of plaintiff teacher Joelle Silver’s claims under the First and Fourteenth Amendments. In her complaint,…

Read More 2d Circuit Affirms Dismissal of Christian Teacher’s Constitutional Claims Arising From Directive to Remove Biblical Quotes and Religious Messages From Classroom
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In Bell v. McRoberts Protective Agency, Inc., No. 15-CV-0963 (JPO), 2016 WL 7192083 (S.D.N.Y. Dec. 12, 2016), the court dismissed plaintiff’s federal, state, and city claims of religious, race, and sex discrimination under Federal Rule of Civil Procedure 12(b)(6). (This decision, which follows a prior dismissal of plaintiff’s claims, focuses on plaintiff’s amended complaint.) Initially,…

Read More Religious, Race, Sex Discrimination Claims Dismissed on Non-Exhaustion and Substantive Grounds
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In Al-Kaysey v. Engility Corp., No. 11-cv-6318, 2016 WL 5349751 (E.D.N.Y. Sept. 23, 2016), the court held that plaintiff – a U.S. Citizen of Iraqi descent and practicing Muslim who was employed as a linguist – plausibly alleged (in a proposed amended complaint) a claim of hostile work environment against defendants, including the Army. (This…

Read More “Sand Nigger” and Other Comments Support Iraqi Muslim’s Hostile Work Environment Claim Against Army
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In Pothen v. Stony Brook Univ., No. 13-cv-6170, 2016 WL 5716842 (E.D.N.Y. Sept. 30, 2016), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s discrimination and hostile work environment claims. As to plaintiff’s discrimination claims (based on adverse actions short of termination), the court explained: With respect to plaintiff’s claims…

Read More Plaintiff’s National Origin and Religion (Non-Termination) and Hostile Work Environment Claims Plausibly Alleged
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In Sarr v. Saks Fifth Ave. LLC, 151303/2015, 2016 NY Slip Op 31751(U) (NY Sup Ct NY Cty Sept. 20, 2016), the court dismissed the claims brought by the Muslim plaintiff, under the NYS and NYC Human Rights Laws, of employment discrimination, retaliation, and hostile work environment. After reviewing the legal standard/burden-shifting framework for evaluating plaintiff’s discrimination claims,…

Read More Court Dismisses Muslim Plaintiff’s Employment Discrimination, Retaliation, Hostile Work Environment Claims Against Saks Fifth Avenue
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Employment discrimination law is (for the most part) statutory, and is distributed among a variety of federal, state, and local laws and regulations. Although these statutes’ protections may overlap, they differ in terms of (e.g.) which employers are covered, administrative filing prerequisites, and damages/remedies. Below is a summary (not a complete listing or explanation) of…

Read More Which Employment Discrimination Laws Protect New York City Workers?
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In Capek v. BNY Mellon, N.A., No. 15-cv-4155, 2016 WL 2993211 (S.D.N.Y. May 23, 2016) the court denied defendant’s motion to dismiss plaintiff’s race and religious discrimination claims. Plaintiff alleged in her federal court complaint, e.g., that “[i]n the mistaken belief that [she] is Jewish, she was required by her managers to cultivate clients in…

Read More Work Assignments Based on Perceived Jewish Faith Supports Race/Religious Discrimination Claims, Court Holds
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In Ahmed v. Astoria Bank, No. 14-CV-4595, 2016 WL 1254638 (E.D.N.Y. Mar. 31, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s claims of discrimination and hostile work environment (race, religion, national origin) and retaliation. This decision is instructive on what is required to survive summary judgment on a Title VII hostile work…

Read More Alleged “Terrorist” (Etc.) Comments Were Insufficient to Survive Summary Judgment on Hostile Work Environment Claim; Retaliation Claim Dismissed For Failure to Exhaust Administrative (EEOC) Remedies
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In Penn v. The New York Methodist Hospital, No. 11-CV-9137 (NSR), 2016 WL 270456 (S.D.N.Y. Jan. 20, 2016), the court dismissed plaintiff’s Title VII religion-based discrimination claim under the so-called”ministerial exception,” which operates at the intersection of anti-discrimination and First Amendment law. The ministerial exception, which is based on the Religion Clauses of the First…

Read More Court Dismisses Methodist Chaplain’s Religious Discrimination Claim Against Hospital Under the “Ministerial Exception”
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