Blog

In Lamarr-Arruz & Ansoralli v. CVS Pharmacy, Inc., 15-cv-04261, 2017 WL 4280690 (S.D.N.Y. Sept. 26, 2017), the court denied defendant CVS’s motion for summary judgment on plaintiff’s hostile work environment claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. Here I will focus…

Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment; Court Clarifies Scope of 42 U.S.C. § 1981
Share This:

In Sass v. Hewlett-Packard, 2017 NY Slip Op 06628 (App. Div. 1st Dept. Sept. 26, 2017), the court affirmed the lower court’s order granting defendant’s motion for summary judgment dismissing plaintiff’s complaint, which alleged age discrimination. From the decision: Plaintiff has failed to point to any evidence to support an inference that he was terminated on account…

Read More Age Discrimination Claim Dismissal Affirmed; Replacement by Younger Employee Was Alone Insufficient
Share This:

In Correa v. Matsias, 2017 WL 4159254 (N.Y.A.D. 2 Dept. Sept. 20, 2017), a ceiling-collapse personal injury case, the court held that plaintiff could not employ the doctrine of “res ipsa loquitur” at trial. That doctrine, explained the court, is a rule of evidence that permits an inference of negligence to be drawn solely from…

Read More “Res Ipsa Loquitur” Doctrine Held Inapplicable in Ceiling-Collapse Personal Injury Case, But Complaints to Superintendent Demonstrated Notice Sufficient to Overcome Summary Judgment
Share This:

In Osby v. City of New York, 13-cv-8826, 2017 WL 4236563 (S.D.N.Y. Sept. 22, 2017), the court granted defendant’s motion under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, and dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act (ADA). To make out an ADA discrimination claim, plaintiff…

Read More ADA Disability Discrimination & Retaliation Claims Dismissed; Employer Actions Were Time-Barred, Not “Adverse Employment Actions”, or Were Not Undertaken Because of Discriminatory Animus
Share This:

In Rogers v. Bank of New York Mellon, 2017 WL 4157376 (S.D.N.Y. Sept. 19, 2017), the court granted defendants’ motion for reconsideration and dismissed plaintiff’s claims of race- and color-based pay discrimination in violation of Title VII of the Civil Rights of 1964, the New York State Human Rights Law, and the New York City…

Read More Race/Color-Based Pay Discrimination Claims Dismissed on Reconsideration
Share This:

From Mikolaenko v. New York University, 2017 WL 4174928 (S.D.N.Y. Sept. 7, 2017) (J. Batts): Defendant also moves to dismiss on the grounds that Plaintiff failed to exhaust her administrative remedies because she first included allegations of a quid pro quo sexual relationship in her Complaint and did not include related allegations in her EEOC…

Read More “Quid Pro Quo” Sexual Harassment Claim Was Sufficiently Presented to the EEOC, Court Holds
Share This:

If you are a victim of employment discrimination in New York City and are prepared to formally pursue a claim (i.e., proceed beyond pre-filing negotiations), there are several procedural options available to you. These include (but may not be limited to): State Court, Federal Court, U.S. Equal Employment Opportunity Commission (EEOC), New York State Division…

Read More Employment Discrimination: Filing Options
Share This:

In Freeman v. Rochester Psychiatric Center, 12-cv-06045 (WDNY Sept. 20, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s disparate treatment race discrimination claim under Title VII of the Civil Rights Act of 1964. It was undisputed that plaintiff was a member of a protected class and that he was qualified for his…

Read More Citing Employee’s “Serial Killer” Comment, Court Dismisses Race Discrimination (Disparate Treatment) Claim Against Rochester Psychiatric Center
Share This:

In Mayo-Coleman v. American Sugars Holding, Inc., 14-cv-0079, 2017 WL 4157379 (S.D.N.Y. Sept. 18, 2017) (J. Crotty), the Southern District of New York (partially) adopted a Magistrate Judge’s Report & Recommendation to deny defendants’ motion for summary judgment on plaintiff’s hostile work environment/sexual harassment claim. The court summarized the law: Proof of a hostile work…

Read More Hostile Work Environment/Sexual Harassment Claim Survives Summary Judgment
Share This:

In Sefovic v. Memorial Sloan Kettering Cancer Center, 2017 WL 3668845 (S.D.N.Y. Aug. 23, 2017), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s claims under, inter alia, the Americans with Disabilities Act (ADA). In sum, defendant terminated plaintiff after he failed to return to work following medical leave. Specifically: “The undisputed facts establish…

Read More Disability Discrimination Claims Dismissed, in Light of Plaintiff’s Inability to Work
Share This: