Religion-Based Discrimination

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In Harrisman v. The City of New York Department of Transportation et al, 2020 WL 5211043 (S.D.N.Y. Sept. 1, 2020), the court, inter alia, dismissed plaintiff’s religion-based hostile work environment claim. Initially, the court summarized the “black-letter” law governing this claim: To prove a prima facie case of a hostile work environment, a plaintiff must…

Read More Hostile Work Environment Claim Dismissed; Allegation That Female Co-Workers “Talked Too Much” Amounted to “Episodic”, “Inoffensive Utterances”
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In Cocca-Rau v. Standard Insurance Company, 2020 WL 4207442 (S.D.N.Y. July 22, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s complaint alleging religious discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that she suffered an adverse employment action (termination) because of her membership in a…

Read More Catholic Plaintiff’s Title VII “Reverse Religious Discrimination” Complaint Dismissed
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In Lowman v. NVI LLC, 2020 WL 4199956 (2d Cir. July 22, 2020) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s religious discrimination case asserted under Title VII of the Civil Rights Act of 1964. Plaintiff asserted, inter alia, that defendant violated his rights under both statutes by refusing to hire…

Read More Religious Discrimination Claim Dismissal Affirmed; Deviating From Federally-Mandated SSN Disclosure Would be an “Undue Hardship”
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In Stathatos v. William Gottlieb Management, 18-cv-03332, 2020 WL 1694366 (E.D.N.Y. April 6, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging religion-based discrimination asserted under Title VII of the Civil Rights Act of 1964. Initially, the court held that plaintiff’s claim was subject to dismissal based on grounds of untimeliness…

Read More Religious Discrimination Claim Dismissed; No Link Between Allegedly False Charge of Viewing Pornography and Plaintiff’s Religion
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In Bauman v. Mount Sinai Hospital, 2020 NY Slip Op 01964 (App. Div. 1st Dept. March 19, 2020), the court unanimously affirmed the lower court’s Order dismissing (on summary judgment) plaintiff’s claims that he was subjected to religion-based discrimination and retaliation under the New York City Human Rights Law. As to plaintiff’s discrimination claim, the…

Read More Religious Discrimination Claim Dismissal Affirmed Against Mt. Sinai Hospital
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In Eyuboglu v. Gravity Media, LLC, 2020 WL 1280675 (2d Cir. March 17, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964. The court based its decision, in part, on the so-called “stray marks” doctrine: “While discriminatory remarks may constitute evidence of…

Read More Citing “Stray Remarks” Doctrine, 2d Circuit Affirms Dismissal of Employment Discrimination Claims
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In EEOC v. United Health Programs of America, Inc. and Cost Containment Group, Inc., 14-CV-3673, 2020 WL 1083771 (EDNY March 6, 2020), the court, inter alia, upheld a jury verdict in favor of plaintiffs, who alleged that they were subjected to a religious discrimination and a religion-based hostile work environment in violation of Title VII…

Read More Religion-Based Discrimination and Hostile Work Environment Jury Verdict for Plaintiff Upheld
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In Kunik v. New York City Department of Education et al, 15-CV-9512, 2020 WL 508897 (S.D.N.Y. January 31, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims. The court explained that plaintiff’s claim faltered because she did not present sufficient evidence to establish an “adverse employment action,” which is the third step of the…

Read More Lack of “Adverse Employment Action” Dooms Teacher’s Discrimination Claim
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In Boyce-Herbert v. New York and Presbyterian Hospital, 2020 WL 376788 (E.D.N.Y. Jan. 23, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims.[1]Initially, the court held that plaintiff’s discrimination claims were time-barred, but addressed the merits of plaintiff’s claims in an “abundance of caution.” The court listed the elements that a plaintiff must demonstrate in…

Read More Age/Race/Gender/Religious Discrimination Claims Dismissed Against NY and Presbyterian Hospital
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In Pozner v. Fox Broadcasting Co., No. 652096/2017, 2019 WL 6117960, 2019 N.Y. Slip Op. 33415(U) (N.Y. Sup Ct, New York County Nov. 18, 2019), the court dismissed plaintiff’s retaliation claim, which was based on the filing of a counterclaim by the defendant. Some background: The plaintiff (Pozner) worked was a Fox executive vice president.…

Read More Court Dismisses Retaliation Claim, Predicated on Counterclaim, Under the Noerr-Pennington Doctrine
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