In Carter v. Syracuse City School District et al, 2021 WL 912523 (2d Cir. March 10, 2021) (Summary Order), the Second Circuit held that plaintiff indeed adduced enough facts to reach a jury on her race discrimination claims. From the Order: The district court held that Carter did not establish a prima facie case because…
Read More Teacher’s Race Discrimination Claim May ProceedFrom Wilson v. JPMorgan Chase Bank, N.A., James Dimon, et al, 2021 WL 918770, at *5 (S.D.N.Y., 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: [Plaintiff’s] NYSHRL hostile work environment claim fails for…
Read More Race-Based Hostile Work Environment Claims Dismissed Against Chase BankIn Chrismy Sagaille v. Christina Carrega et al, 2021 NY Slip Op 01369 (NY App. Div. 1st Dept. March 9, 2021), the Court reversed the lower court’s order denying defendant’s motion to dismiss plaintiff’s claims for libel per se and defamation against defendant defendant, based on statements she made to the NYPD. Ultimately, the court’s decision (discussed…
Read More Defamation Claim Against Alleged Sexual Assault VictimIn Di Mauro v. Equinox Holdings, Inc., No. 162189/2019, 2021 WL 698917, 2021 N.Y. Slip Op. 30498(U), 2–3 (N.Y. Sup Ct, New York County Feb. 22, 2021), the court, inter alia, dismissed plaintiff’s claims of public accommodation discrimination against Equinox Holdings. The court summarized the facts as follows: This action arises out of an altercation…
Read More Court Dismisses Gym Member’s Public Accommodation Sexual Harassment Claim Against EquinoxIn Lopez v. Bendell, No. 156292/2017, 2021 WL 826394 (N.Y. Sup Ct, New York County Mar. 03, 2021) – an employment discrimination case – the court addressed several of defendants’ discovery requests, including, inter alia,[1]While this decision also addresses defendants’ motion to compel other discovery, e.g., an independent medical examination, tax records, authorizations for government benefits,…
Read More Social Media Discovery Addressed, Limited in Employment Discrimination CaseIn Whipple v. Reed Eye Associates, 15-CV-6759L, 2021 WL 852039 (W.D.N.Y. March 8, 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim. While the court ultimately ruled against the plaintiff on the merits, this decision is nevertheless instructive as to how courts evaluate the situation where some events…
Read More Court Dismisses Sex-Based Hostile Work Environment Claims; Discusses “Out-of-Office” ConductIn Engelman v. Rofe, 2021 NY Slip Op 01321 (NY App. Div. 1st Dept. March 4, 2021), the New York Appellate Division, First Department, held that the seven-year statute of limitations codified in the “Victims of Gender-Motivated Violence Protection Law” (VGM) – which is codified as Chapter 11 of the New York City Administrative Code,…
Read More Court Holds That Seven-Year Statute of Limitations Applies to NYC’s Victims of Gender-Motivated Violence Protection LawIn Moazzaz v. MetLife, Inc. et al, 2021 WL 827648 (S.D.N.Y. March 4, 2021) (J. Oetken), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s discriminatory failure-to-promote claims under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). (The court also held that plaintiff sufficiently alleged…
Read More Failure-to-Promote Claims Sufficiently Alleged Against MetLifeIn Moazzaz v. MetLife, Inc. et al, 2021 WL 827648 (S.D.N.Y. March 4, 2021) (J. Oetken), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of gender-based hostile work environment under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). Here is the court’s discussion…
Read More Gender-Based Hostile Work Environment Claims Sufficiently Alleged Against MetLifeIn Echavarria v. ABM Industry Group LLC et al, 2021 WL 794944 (S.D.N.Y. Feb. 26, 2021), the court, inter alia, dismissed plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The amended complaint also fails to state a claim under the ADEA. Plaintiff’s only allegations suggesting that her age had…
Read More Federal Age Discrimination Claim Dismissed; “Retirement”, “Hag” Comments Held Insufficient