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In Nana v. Le Viking LLC d/b/a Bistro Chez Lucienne, 17-CV-928, 2019 WL 3244181 (SDNY July 19, 2019), the court, inter alia, held that plaintiff was entitled to $5,000 in emotional  distress damages on his retaliation claims under the Fair Labor Standards Act and the New York Labor Law. The court noted that “[a]lthough the…

Read More Emotional Distress Damages of $5,000 Awarded in Wage Retaliation Case

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

A recent decision, Konteye v. NYC Dept. of Education et al, 2019 WL 3229068 (S.D.N.Y. July 18, 2019), yet again illustrates that not every perceived workplace slight gives rise to an actionable “hostile work environment” claim. From the decision: [C]onsidering the totality of the circumstances, Plaintiff failed to meet his burden of showing that “[his]…

Read More Title VII Hostile Work Environment Claim Dismissed; Notwithstanding Allegations of Verbal “Harassment”, Screaming, Criticism, Etc.

In a recent New York State Court filing, petitioner Andrea Tantaros – in the matter of Tantaros v. Fox News Channel, LLC et al, Index No. 156936/2019 – seeks a Temporary Restraining Order precluding Respondents from continuing to arbitrate Petitioner’s sexual harassment allegations, to grant her request for a preliminary and permanent injunction staying the…

Read More Andrea Tantaros Attempts to Utilize NY’s New Anti-Arbitration Law in New Filing

In Cao-Bossa v. New York State Dep’t of Labor, 18-CV-0509, 2019 WL 2743505 (N.D.N.Y. July 1, 2019), the court, inter alia, held that plaintiff should be permitted to amend her complaint to add a claim for national origin discrimination. From the decision: As to Plaintiff’s claim for national origin discrimination, Defendant argues that amendment would…

Read More National Origin Discrimination Claim by Chinese Plaintiff May Proceed; Persons Identified as “American” Were Appropriate Comparators

In McKinney v. Quayshanna Tanner of Set and Service Resource et al, 2019 WL 3067116 (SDNY July 12, 2019), the court, inter alia, dismissed plaintiff’s claims under the New York City Human Rights Law. From the decision: The Court must dismiss Plaintiff’s NYCHRL claims. The NYCHRL does not apply to discriminatory acts that occurred outside…

Read More Court Dismisses NYCHRL Discrimination Claim Arising From Events Outside NYC

Today is the 50th anniversary of the Apollo 11 launch to the Moon. This event culminated in what is arguably the greatest achievement of mankind. Like most if not all human events and endeavors, there are numerous legal issues arising from it. Many of these issues are addressed in the Outer Space Treaty of 1967,…

Read More To the Moon … and Beyond!

In Doe v. Gong Xi Fa Cai, Inc. d/b/a Alta Restaurant, 2019 WL 3034793 (SDNY July 10, 2019) – in which plaintiff asserts claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. and other statutes for alleged sexual discrimination and retaliation – the court denied plaintiff’s motion to…

Read More Sexual Harassment Plaintiff May Not Proceed Anonymously, Court Concludes Upon Application of 10-Factor Test

In Wright v. Ad Pepper Media USA, LLC, 2019 NY Slip Op 31898(U), 152538/2015 (Sup. Ct. NY Cty. July 1, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claim under the New York City Human Rights Law. From the decision: Plaintiff claims in his first cause of action that…

Read More Retaliation Claim Survives Summary Judgment; Triable Issues Exist as to Causation

In Bugtani v. Dish Network LLC, 2019 WL 2914158 (EDNY 2019), the court, inter alia, held that plaintiff’s employment discrimination and sexual harassment claims under Title VII of the New York State and City Human Rights Laws were subject to arbitration. From the decision: The arbitration agreement that the plaintiff signed is broad, see Johnston…

Read More Employment Discrimination, Sexual Harassment (Non-SOX) Claims Are Subject to Arbitration, Court Holds