Court: EDNY

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In Sanders v. SUNY Downstate Medical Center et al, 22 CV 4139 (KAM) (CLP), 2024 WL 4680489 (E.D.N.Y. Nov. 5, 2024), the court, inter alia, granted plaintiff’s motion to amend her complaint to add an allegation of constructive discharge. From the decision: To establish constructive discharge, a plaintiff must show that rather than discharging her…

Read More Constructive Discharge Claim Plausibly Alleged, Continued Employment For 3.5 Years Notwithstanding
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In Hatcher v. New York City Department of Education, 23-cv-3510 (NRM) (LB), 2024 WL 4333643 (E.D.N.Y. Sept. 27, 2024), the court, inter alia, held that plaintiff sufficiently alleged a race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…

Read More Speech Therapy Teacher Sufficiently Alleges Race-Based Hostile Work Environment, Court Holds
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In Allen v. New York State et al, 2:24-cv-02800 (JS) (JMW), 2024 WL 4654220 (E.D.N.Y. Nov. 1, 2024), the court denied defendants’ motion to stay this action in which plaintiff asserts claims of hostile work environment, sexual harassment, and retaliation. After summarizing the legal standard and the factors considered by courts – namely, “(1) whether…

Read More Court Declines to Stay Hostile Work Environment Sexual Harassment Case
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In Moore v. Uncle Giuseppe’s Marketplace et al, 22-cv-544 (BMC), 2024 WL 4350691 (E.D.N.Y. Sept. 30, 2024), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under 42 USC § 1981. From the decision: I will assume arguendo, as some district courts within this Circuit have suggested, that “severe and pervasive” may…

Read More Race-Based Hostile Work Environment Claim Dismissed, in Light of “Wrath of God” Employer Response
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In Maria Isabel Alvarado Navarro et al v. Building Service, Inc. et al, 23-CV-7343 (ARR) (MMH), 2024 WL 4225747 (E.D.N.Y. Sept. 18, 2024), the court, inter alia, dismissed plaintiff’s discrimination and hostile work environment claims. After concluding that it was unable to draw an inference of discrimination – as to plaintiff’s claims that defendant Lupe…

Read More Hostile Work Environment Claim, Based on National Origin & Immigration Status, Dismissed
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In DiLeo v. McDonough, Case No. 19-CV-2405 (FB) (MMH), 2024 WL 3758808 (E.D.N.Y. August 12, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of gender discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: The familiar, three-part McDonnell Douglas burden-shifting framework governs Plaintiff’s…

Read More “Emotionally Taxing” Work Environment Nevertheless Did Not Give Rise to Title VII Sex Discrimination Claim
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In Applewhite et al v. N.Y.C. Dept. of Education, 2024 WL 3718675 (E.D.N.Y. Aug. 8, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s failure-to-accommodate religion claim. From the decision: A plaintiff bringing a Title VII religious discrimination claim for failure to accommodate must allege that she “(1) has a bona fide religious…

Read More Failure to Accommodate Religion Claim Dismissed, Absent Allegation of Conflict Between Religious Observance and Employment Requirement
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In Payne v. JetBlue Airways Corp., Steven Tenorio, 2024 WL 3360381 (E.D.N.Y. July 9, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act off 1964. In sum, plaintiff (an inflight crewmember for defendant airline) alleges…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment Against JetBlue; Jury Could Find that Response Was Inadequate
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In Chin v. New York City Department of Corrections and The City of New York, 23-CV-5268 (AMD) (JAM), 2024 WL 2258033 (E.D.N.Y. May 17, 2024), the court denied defendants’ motion to dismiss plaintiff’s retaliation claims, asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law, against…

Read More Retaliation Claim, Arising From Alleged Retaliation Less Than Two Months After EEOC Found That Complaint Had Merit, Sufficiently Alleged Against City of New York
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In Gentile v. Touro Law Center, 21-CV-1345 (JS)(ARL), 2024 WL 1719608 (E.D.N.Y. April 22, 2024), the court, inter alia, denied defendant’s motion for reconsideration of its decision to deny defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). The court explained the procedural history (forming the…

Read More Age Discrimination Sufficiently Alleged; Motion for Reconsideration Denied
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