In Wolf v. Imus, 2018 NY Slip Op 51361(U) (N.Y. Sup. Ct. Sept. 27, 2018) (J. d’Auguste), the court, inter alia, dismissed plaintiff’s (an 80 year-old Florida resident) age discrimination claims against radio personality Don Imus et al. This was based on both geography and the merits. Here is an excerpt from the decision: Due to…
Read More Florida Resident’s Discrimination Claims Against Imus DismissedIn a recent Southern District case, Dickinson v. City University of New York, 2018 WL 4333986 (S.D.N.Y. Sept. 11, 2018), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s age discrimination claim against the City University of New York.[1]Plaintiff also asserted claims of gender discrimination, retaliation, and hostile work environment; here I…
Read More Age Discrimination Claim Against CUNY Survives Summary JudgmentIn McLeod v. General Vision Services, Inc. et al, 13-cv-6824, 2018 WL 3745662 (S.D.N.Y. Aug. 6, 2018), the court, inter alia, denied defendants’ motion on plaintiff’s race- and age-based hostile work environment claims. The court noted – in the portion of the decision where it assessed plaintiff’s race discrimination claims[1]The court dismissed plaintiff’s race discrimination claims…
Read More Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racial EpithetsIn Refermat v. Lancaster Central School District, 14-CV-0712, 2018 WL 3640220 (W.D.N.Y. Aug. 1, 2018), the court adopted a Magistrate Judge’s Report and Recommendation to grant defendant’s summary judgment motion as to plaintiff’s constructive discharge claim, but to deny it as to plaintiff’s hostile work environment and retaliation claims. In this blog post I will…
Read More Dispute as to Discriminatory Intent Supports Denial of Summary Judgment as to Plaintiff’s Hostile Work Environment ClaimIn Wander v. St. John’s Univ., 2018 NY Slip Op 05353 (App. Div. 2d Dept. July 18, 2018), an age discrimination case, the court held that plaintiffs should be permitted to supplement the complaint to, inter alia, enumerate their damages related to the termination of their employment. From the decision: In the absence of prejudice or…
Read More Age Discrimination Plaintiffs Permitted to Amend Complaint, Court RulesIn Miller v. News Am., 2018 NY Slip Op 03946 (App. Div. 1st Dept. June 5, 2018), the court affirmed the dismissal of plaintiff’s age discrimination and retaliation under the New York State and City Human Rights Laws. From the decision: Plaintiff minimally established a prima facie case of age discrimination by demonstrating that he was a…
Read More Court Affirms Dismissal of Freelance Photographer’s Age Discrimination and Retaliation ClaimsIn Napoleoni v. NYC Dept. of Parks & Recreation et al, 18-cv-2578, 2018 WL 3038502 (E.D.N.Y. June 18, 2018), the court, inter alia, dismissed plaintiff’s claims of race discrimination, age discrimination, and retaliation. Here is an excerpt from the decision, reflecting the court’s reasoning as to plaintiff’s discrimination claims: The Complaint fails to allege a race or…
Read More Court Dismisses Age/Race Discrimination and Retaliation Claims Against the NYC Dept. of Parks and Recreation, DC 37 UnionIn Tsoflias v. Barclays Capital Inc., 2018 Ny slip Op 31184(U), 2018 WL 2971165 (N.Y. Sup. Ct. June 6, 2018), the court held that, in light of the Supreme Court’s recent decision in Epic Sys. Corp. v Lewis, plaintiff’s claims of age and gender-based discrimination were subject to an arbitration agreement, and thus granted defendant’s…
Read More Age, Gender Discrimination Claims Against Barclays Capital Subject to Binding Arbitration, Court HoldsIn Parron v. Verizon New York, Inc. et al, 17-cv-3848, 2018 WL 2538221 (S.D.N.Y. May 15, 2018), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s age discrimination and hostile work environment claims under the Age Discrimination in Employment Act (ADEA). In finding that plaintiff did not show that his suspension occurred in…
Read More Age Discrimination Complaint Dismissed; Court Rejects Argument that Suspension for “Memory Issues” Was DiscriminatoryIn Boliak v. Reilly, 2018 NY Slip Op 03745 (App. Div. 1st Dept. May 24, 2018), the court overturned the dismissal[1]Boliak v. Reilly, 2017 NY Slip Op 32010, Index No. 153941/2016, Judge Erika Edwards, Sept. 22, 2017. of plaintiff’s employment discrimination claims under the NYC Human Rights Law against Father Michael P. Reilly and others. From…
Read More Employment Discrimination Claims Reinstated Against Father Reilly et al