In Stalling v. FINRA, 21-CV-8390, 2021 WL 5166406 (S.D.N.Y. Nov. 5, 2021), the court, inter alia, dismissed plaintiff’s “failure to hire” discrimination claim as insufficiently alleged. The court explained the governing law (substantive and procedural) as follows: Title VII provides that “[i]t shall be an unlawful employment practice for an employer … to fail or…
Read More Race and Sex Discrimination Claims Dismissed Against FINRAIn Kalarickal v. Denis McDonough, Secretary, Department of Veterans Affairs, 20-cv-10249, 2021 WL 5112907 (S.D.N.Y. Nov. 3, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim (in one respect). Plaintiff, a former contract employee (radiology technician) who worked for the U.S. Department of Veterans Affairs, asserted various forms of discrimination and…
Read More Retaliation Claim, Arising From Termination Weeks After Discrimination Complaint, Survives DismissalIn Kalarickal v. Denis McDonough, Secretary, Department of Veterans Affairs, 20-cv-10249, 2021 WL 5112907 (S.D.N.Y. Nov. 3, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim on the basis of his age, color, disability, national origin, race, and religion. This case illustrates that a “hostile work environment” does not exist merely by virtue…
Read More Hostile Work Environment Claim Dismissed; Allegations of “Burdensome” Work Schedule, Swearing, and Thrown Phone Held InsufficientIn Kouri v Eataly N.Y. LLC, No. 14538, 158476/14, 2021-00047, 2021 N.Y. Slip Op. 06044, 2021 WL 5113230 (N.Y.A.D. 1 Dept. Nov. 04, 2021), the court affirmed the denial of defendants’ motion for summary judgment on plaintiff’s claims arising from his ejection from Eataly. As to plaintiff’s public accommodation discrimination claims asserted under the New…
Read More Public Accommodation (Sexual Orientation) Discrimination Case Proceeds Against Eataly NY LLCIn Cagino v. Meg Levine et al, No. 532458, 2021 WL 5113121 (N.Y.A.D. 3 Dept. Nov. 04, 2021), the court, inter alia, affirmed the dismissal of plaintiff’s age discrimination claim asserted under the New York State Human Rights Law. After affirming the dismissal of plaintiff’s religious discrimination claim, the court explained: We reach a similar…
Read More Age Discrimination Complaint Properly Dismissed; Court Holds That Allegations of Replacement by Person of Unspecified Age, and Retirement Inquiries, Were InsufficientRecently, New York’s legislature amended New York’s notoriously narrow “whistleblower law,” N.Y. Labor Law 740. Governor Hochul signed the new law on October 28, 2021; they take effect 90 days thereafter (i.e., on January 26, 2022). There are a number of changes to the statute, which include, but are not limited to: Broadening the definition…
Read More Amendments to New York’s Whistleblower Statute, N.Y. Labor Law 740In Arbouin v. Bob’s Discount Furniture, LLC, 20-CV-1893, 2021 WL 4458932 (E.D.N.Y. Sept. 29, 2021), the court, inter alia, held that plaintiff sufficiently (i.e., plausibly) alleged a retaliation claim, arising from her complaints of sexual harassment. Marching through the elements of a retaliation claim, namely, (1) protected activity, (2) adverse employment action, and (3) a…
Read More Retaliation Claim, Arising From Sexual Harassment Complaints, Survives DismissalIn Nakeshia Nikki Jones v. Industry One Mobile, Inc, 19-01023, 2021 WL 4955905 (S.D. Ala. Oct. 8, 2021), the court, inter alia, recommended that the court grant (as a sanction) plaintiff’s motion for a default judgment on her claim for sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision:…
Read More Sexual Harassment Allegations, That Boss Terminated Plaintiff For Rejecting Sexual Advances, SufficientIn Horror Inc. v. Miller, 15 F.4th 232 (2d Cir. Sept. 30, 2021), the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s decision holding that screenwriter Victor Miller held authorship rights with respect to the movie Friday the 13th. From the decision: This dispute concerns whether, for Copyright Act purposes, the…
Read More “Friday the 13th” Screenwriter Victor Miller Had Authorship Rights, Court HoldsIn Berry v. Town of Front Royal, Virginia, 21-cv-00001, 2021 WL 4895204 (W.D. Va. Oct. 20, 2021) – a sexual harassment and retaliation case involving allegations of unwanted touching and inappropriate remarks – the court granted plaintiff’s motion to compel discovery. At issue were two document requests: 27. All documents submitted by Defendant to, or…
Read More Court Grants Motion to Compel Discovery Regarding Other Instances of Sexual Harassment