Blog

by

In a recent case, Demkovich v. St. Andrew the Apostle Parish, 19-cv-2142 (7th Cir. August 31, 2020), the U.S. Court of Appeals for the 7th Circuit[1]Note: This firm does not engage in the practice of law, and its owner is not licensed to practice law, in the jurisdiction which issued this decision. held that plaintiff’s…

Read More 7th Circuit: Hostile Work Environment Claim Not Barred by “Ministerial Exception”
Share This:
by

In Kuperman v. New York City Department of Education, 2020 WL 5123398 (S.D.N.Y. August 28, 2020), the court dismissed plaintiff’s race and religion-based claims of discrimination against the New York City Department of Education, finding that the NYCDOE was not a proper party. From the decision: Plaintiff’s claims against the New York City Department of…

Read More Race/Religion Discrimination Claims Dismissed Against NYC Department of Education; NYCDOE Not Proper Party
Share This:
by

In Boyce v. Weber and Little Bear, Inc., 19-cv-3825, 2020 WL 5209526 (S.D.N.Y. Sept. 1, 2020), the court denied defendants’ motion for summary judgment (except in one respect) on plaintiff’s claims under the Trafficking Victims Protection Act (“TVPA”), 18 U.S.C. § 1591 et seq.; the New York State Human Rights Law; and the New York…

Read More Trafficking Victims Protection Act Lawsuit Continues Against Fashion Photographer
Share This:
by

In Gunning v. New York State Justice Center for Protection of People With Special Needs, 2020 WL 5203673 (N.D.N.Y., September 1, 2020), the court, inter alia, dismissed plaintiff’ hostile work environment claim as untimely. This decision is instructive as to the application of the “continuing violation doctrine” in the context of a hostile work environment…

Read More Hostile Work Environment Claim Dismissed; Continuing Violation Doctrine Held Inapplicable
Share This:
by

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”
Share This:
by

In Stryker v. HSBC Securities (USA) et al, 2020 WL 5127461 (SDNY Aug. 31, 2020), the court, inter alia, granted defendants’ motion for summary judgment as to plaintiff’s disability-based hostile work environment claims under the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and New York City Human Rights Law. As…

Read More Disability-Based Hostile Work Environment Claims Dismissed; “Legitimate Reprimands” Were Not Actionable
Share This:
by

In Whitfield v. City of New York Admin. For Children’s Services, No. 101407/2019, 2020 WL 5040369 (N.Y. Sup Ct, New York County Aug. 26, 2020), the court rejected the petitioner’s claim of impermissible discrimination based on his criminal record (specifically, a conviction for second degree murder). The Court framed the issue – which came before…

Read More Conviction Record Discrimination Claim Against ACS Rejected; CPLR Article 78 Petition Dismissed
Share This:
by

In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State and…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part Two (Title VII etc)
Share This:
by

In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act (EPA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part One (Equal Pay Act)
Share This:
by

In Goldblatt v. New York Institute of Technology, 2020 WL 5027150 (E.D.N.Y. August 25, 2020), the court, inter alia, held that plaintiff sufficiently alleged a claim for age discrimination under the Age Discrimination in Employment Act (ADEA) and its state counterpart (the New York State Human Rights Law). After summarizing the applicable law, the court…

Read More ADEA Age Discrimination Claim Survives Dismissal; “Smoking Gun” Evidence Not Required
Share This: