Religion-Based Discrimination

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In Kaplan v. New York State Department of Labor, 2019 WL 3252911 (S.D.N.Y. July 19, 2019), a case involving claims of discrimination based on religion, the court, inter alia, denied defendants’ motion to dismiss plaintiff’s federal claims.[1]The court dismissed plaintiff’s state law discrimination claims under Fed. R. Civ. P. 12(b)(1) on Eleventh Amendment (sovereign immunity)…

Read More Hostile Work Environment Claim, Based on Anti-Semitic Comments, Survives Dismissal
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In Kallinikos v. New York State Dept. of Corrections and Community Supervision et al, 2019 WL 3216769 (EDNY July 17, 2019), the court, inter alia, held that plaintiff sufficiently alleged religious discrimination, in the form of a failure-to-promote, under Title VII of the Civil Rights Act of 1964. The court explained the applicable pleading standard:…

Read More Religious Discrimination Failure-to-Promote Claim Sufficiently Alleged
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In Taylor v. Metropolitan Transportation Authority, 18-CV-1278, 2019 WL 2766502 (S.D.N.Y. July 2, 2019), the court discussed a common discovery issue in employment discrimination cases, namely, the extent to which a plaintiff may obtain through discovery entity-wide complaints of discrimination. In this case, plaintiff asserts claims of discrimination and retaliation, and specifically that her supervisor…

Read More Court Denies Motion to Compel Discovery of Religious Discrimination Complaints, Pending Supplemental Information Relating to FRCP 26(b)(1) Proportionality
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In Hindi and Aljader v. The Port Authority of New York and New Jersey, 14-cv-8984, 2019 WL 2325969 (SDNY May 30, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiffs’ religion- and national origin-based hostile work environment claims. Plaintiffs’ allegations included having a picture of one’s face superimposed onto a picture…

Read More Hostile Work Environment Claim Dismissed; “Al-Qaeda” and Other Remarks Not “Severe” or “Pervasive”
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From Rapaport v Strategic Financial Solutions LLC, No. 152764/18, 2019 WL 1247132 (N.Y. Sup Ct, New York County Mar. 15, 2019): The motion as to Action 1 is denied. In that action, plaintiff claims that while she was pregnant, defendants unlawfully reclassified her from a full-time employee to a part-time consultant when they acquired her…

Read More Pregnancy Discrimination, Religious-Based Hostile Work Environment Claims Survive Dismissal
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In Geffner v. Quanta Services, Inc., 2018 WL 6807388 (S.D.N.Y. 2018), the court, inter alia, found that plaintiff failed to state claim(s) of employment discrimination – based, e.g., on his religion – against his supervisor (Austin). The decision is instructive as to how and when individual liability for employment discrimination may be imposed under 42…

Read More Employment Discrimination Claims Not Stated Against Individual Supervisor, SDNY Holds
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From Gebrial Rasmy, Plaintiff, v. Marriott International, Inc., d/b/a JW Marriott Essex House Hotel, et al., Defendants., 2018 WL 4682231 (S.D.N.Y. Sept. 28, 2018): Plaintiff writes in his opposition brief that Efstratiou would tell Plaintiff, who he knew to be a devout Christian, that “God is garbage” and “Religions [are] for the stupid people,” but…

Read More Court Dismisses Christian’s “Anti-Religion” Discrimination/Hostile Work Environment Claim; Comments Not Made Directly to Plaintiff Deemed “Stray Remarks”
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In Vaigasi v. Solow Management Corporation, et al. , 17-784-cv (2d Cir. Sept. 14, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s claims, including those for gender, religious, and age discrimination. As to his gender discrimination claim, the court states: Vaigasi does not plausibly allege that his gender was a basis for any of…

Read More Second Circuit Affirms Dismissal of Discrimination Claims; “Write Up” Threat Insufficient
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In Cantey v. Mount Vernon City School District, 16-cv-2669, 2018 WL 3315574 (S.D.N.Y. July 5, 2018), the court dismissed claims asserted by plaintiff -an African American Jehovah’s witness – that she suffered discrimination on the basis of her race and religion under Title VII of the Civil Rights Act of 1964. At the center of this…

Read More Title VII Claims Barred By Settlement Agreement; Duress Claim Rejected
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