In Dass v. The City University of New York (Hostos Community College), 18-cv-11325, 2020 WL 1922689 (SDNy April 21, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. As…
Read More Gender Discrimination Sufficiently Alleged Against CUNY/HostosIn Shojae v. Harlem Hospital Center et al, 2020 WL 1862293 (S.D.N.Y. April 14, 2020), the court held that the filing of a charge of discrimination with the United States Equal Employment Opportunity Commission (EEOC) tolls the statute of limitations under the New York State and City Human Rights Laws. In this employment discrimination case,…
Read More Filing of EEOC Charge Tolls Statute of Limitations Under NYS and NYC Human Rights Laws, Court HoldsIn Montgomery v. New York City Transit Authority, 2020 WL 1313184 (2d Cir. March 18, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws.…
Read More 2d Circuit Affirms Dismissal of Plaintiff’s Discrimination Claims Against the NYC Transit Authority; Rejects “Coded Language” TheoryIn Kiraka v. M&T Bank, 2020 WL 1285632 (N.D.N.Y. March 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law regarding such claims, the court explained: [Plaintiff] fails to state a plausible claim under Title VII. ……
Read More Hostile Work Environment Claim Dismissed; Allegations, Including Mocking of Accent, Held InsufficientIn Triana v. NYC Health & Hospitals, No. 152276/2019, 2020 NY Slip Op 30605(U), 2020 WL 1031379 (N.Y. Sup Ct, New York County Feb. 20, 2020), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claims asserted under 42 USC §§ 1981 and 1983 and the New York City Human Rights Law. The court…
Read More Hostile Work Environment Claim Dismissed; Accent Comments Held InsufficientIn Bond v New York City Health and Hospitals Corp., No. 160658/2013, 2020 WL 1031393 (N.Y. Sup Ct, New York County Feb. 25, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender discrimination claim alleging that her supervisor subjected her to a hostile work environment after she rejected his sexual…
Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment Against NYC Health & Hospitals Corp.; Court Cites Deterioration of Relationship Following Rejection of Sexual AdvancesIn Denson v. Donald J. Trump For President, No. 101616/17, 10334, 10334A, 2020 N.Y. Slip Op. 00923, 2020 WL 573113 (N.Y.A.D. 1 Dept., Feb. 06, 2020), the court, inter alia, struck down arbitration awards – predicated on claimed violations of a non-disclosure, non-disparagement agreement (NDA) – against an ex-employee of Donald J. Trump’s presidential campaign.…
Read More Court Vacates Arbitration Award Against Former Trump Campaign Employee for Alleged NDA ViolationIn Nelson v. New York City Tr. Auth., 2020 NY Slip Op 00671 (App. Div. 1st Dept. Jan. 30, 2020), the court unanimously affirmed the denial of defendants’ motion for summary judgment on plaintiff’s employment discrimination claims. From the decision: Defendants New York City Transit Authority (NYCTA) and Metropolitan Transit Authority Bus Company (MTA) failed…
Read More Race/Gender Discrimination Claims Survive Summary Judgment Against the NYC Transit AuthorityIn 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 HospitalIn some cases, displays of racially- and/or sexually-charged content (e.g., videos) at work might be evidence of actionable employment discrimination. That is, of course, not an ironclad rule. Consider, for example, the recent case of Johnson v. IAC/InterActiveCorp, 2020 NY Slip Op 00488 (NY App. Div. 1st Dept. Jan. 23, 2020), in which the New York Appellate…
Read More “Offensive” Content Shown at Work Insufficient to Demonstrate Disparate Treatment, Court Holds