In George Ful Ninying v. Fire Department, City of New York, 17-cv-688, 2017 WL 4570784 (E.D.N.Y. Oct. 11, 2017), the court dismissed – as insufficiently pled – plaintiff’s employment discrimination claims for failure to state a claim. Initially, the court explained that plaintiff sued the wrong entity (the FDNY). Specifically, the FDNY may not be…
Read More Employment Discrimination Claims Dismissed Against FDNYIf 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 OptionsIn Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed summary judgment in defendant’s favor on plaintiff’s employment discrimination and retaliation claims. As to the discrimination claims, the court explained: Substantially for the reasons stated by the District Court, we conclude…
Read More 2d Circuit Affirms Dismissal of Race/Sex/National Origin/Age Discrimination Claims; Fight With Co-Worker, Not Unlawful Bias, Was Reason for TerminationIn Stabler v. Congregation Emanu-El of the City of New York, No. 16 CIV. 9601 (RWS), 2017 WL 3268201 (S.D.N.Y. July 28, 2017), the court denied defendants’ motions to dismiss plaintiff’s claims of (e.g.) age discrimination, disability discrimination, and hostile work environment. Defendants based their motion to dismiss on the “ministerial exception”. The court summarized the…
Read More Hostile Work Environment And Other Claims Survive Dismissal on Basis of the “Ministerial Exception”In Culleton v. Honeywell International, Inc., No. 15-cv-3739, 2017 WL 2817101 (E.D.N.Y. June 29, 2017), the court dismissed plaintiff’s gender and age-based employment discrimination claims. Plaintiff’s negative evaluations were not “adverse employment actions” actionable under the law: In the context of a discrimination claim, negative evaluations, criticism and unwanted scrutiny are not adverse employment actions…
Read More Court Dismisses Sex Discrimination, Age Discrimination, Retaliation, and Hostile Work Environment Claims Against HoneywellSchlosser v. Time Warner Cable Inc., No. 14CV9349, 2017 WL 2468975 (S.D.N.Y. June 7, 2017) (J. Pauley), a recent federal court decision, highlights the difference between federal anti-discrimination law (here, the Age Discrimination in Employment Act) and the comparatively broader New York City Human Rights Law. The court dismissed plaintiff’s ADEA claim, holding that the…
Read More ADEA Age Discrimination Claim Dismissed; NYC Human Rights Law Age Discrimination Claim Survives (Sort Of)In Franchino v. Terence Cardinal Cook Health Care Ctr., Inc., No. 16-2383-CV, 2017 WL 2392473 (2d Cir. June 2, 2017) (Summary Order), the Second Circuit held that plaintiff sufficiently alleged an age discrimination, but not sex or national origin discrimination, claims. Discrimination Pleading Standards Initially, the court provides an overview/summary of the pleading standards that determine…
Read More Age Discrimination Claim Sufficiently Alleged; Sex and National Origin Discrimination Claims Properly DismissedIn Burgos v. Works, No. 13-CV-704S, 2017 WL 2403305, at *8–9 (W.D.N.Y. June 2, 2017), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s race and sex-based hostile work environment, race and sex-based adverse-action discrimination, and retaliation claims.[1]However, it dismissed plaintiff’s age-based hostile work environment and discrimination claims under the Age Discrimination…
Read More Race and Sex-Based Hostile Work Environment Claims Survive Summary JudgmentIn Keles v. Burl Yearwood & LaGuardia Community College, No. 15-CV-03880 (NG), 2017 WL 2313472 (E.D.N.Y. May 26, 2017), the court, inter alia, denied defendants’ 12(b)(6) motion to dismiss plaintiff’s age discrimination claims. The court explained that “[t]o survive a Rule 12(b)(6) motion to dismiss, a plaintiff asserting an employment discrimination complaint under the ADEA…
Read More Age Discrimination Claims Survive Dismissal; Allegations Included Disparaging Age-Related CommentsIn James v. Gurneys Inn Resort & Spa Ltd., No. 16-CV-6813(JS)(ARL), 2017 WL 1483528 (E.D.N.Y. Apr. 25, 2017), the court held that plaintiff’s complaint did not plausibly allege employment discrimination based on his gender, age, or disability. “The sine qua non of a gender-based [or age or disability-based] discriminatory action claim under Title VII [or the…
Read More Employment Discrimination Claims Dismissed; Complaint Did Not Allege Non-Preferential Treatment, Age- or Gender-Based Remarks, Etc.