Court: EDNY

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In Baez v. Amazon.com Services, LLC, 2023 WL 2390539 (E.D.N.Y. March 7, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s national origin-based hostile work environment claim. After summarizing the “black letter” law applicable to this claim, the court applied it to the facts, as follows: Here, Plaintiff alleges that ever since the…

Read More National Origin-Based Hostile Work Environment Dismissed Against Amazon
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In Tassy v. Peter Buttigieg, 2023 WL 144112 (E.D.N.Y. January 10, 2023), the court, inter alia, dismissed plaintiff’s “constructive discharge” claim. In sum, since a constructive charge claim is a more “aggravated” form of a hostile work environment, the dismissal of the latter warranted the dismissal of the former. From the decision: Plaintiff also brings…

Read More Constructive Discharge Claim Dismissed, in Light of Dismissal of Hostile Work Environment Claim
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In Christmas House USA, Inc. v. Christmasland Experience LLC et al, No. 22 CV 7691 (GRB), 2022 WL 17852025 (E.D.N.Y. Dec. 22, 2022), the court considered claims of trade secrets misappropriation, trademark infringement, breach of contract and tortious interference with business relationships. The plaintiff, which operates “a fully immersive Christmas-themed experience,” asserts such claims against…

Read More Christmas Business’ Injunction Request Denied
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In Steinberg v. Vidal, No. 22-CV-04971 (JMA) (AYS), 2022 WL 16744932 (E.D.N.Y. Nov. 7, 2022), the court denied plaintiff’s motion to amend his complaint to assert a claim against the defendant – the Director of the United States Patent and Trademark Office – under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.…

Read More ADA Disability Discrimination Claim Against Government Agency
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In Belvin et al v. Electchester Management, LLC, 2022 WL 10586743 (E.D.N.Y. Oct. 18, 2022) – in which plaintiffs assert claims of, inter alia, hostile work environment – the court ruled on various motions in limine filed by the parties. In one motion, defendant asked the court to preclude testimony from two nonparty employees of defendant…

Read More Other-Employee Harassment Relevant to Hostile Work Environment Claim, Court Holds
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In McMillian v. New York City Taxi and Limousine Commission et al, No. 20-cv-5722 (LDH), 2022 WL 4539689 (E.D.N.Y. Sept. 28, 2022), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim. From the decision: Defendants argue that Plaintiff’s hostile work environment claim should be dismissed because Plaintiff does not provide any concrete examples…

Read More Title VII Hostile Work Environment Claim, Lacking Connection to Gender, Dismissed
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In Weekes v. Jetblue Airways Corporation et al, No. 21-CV-1965 (MKB), 2022 WL 4291371 (E.D.N.Y. Sept. 16, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability-related hostile work environment claims asserted under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Disability (Asthma)-Based Hostile Work Environment Claim Sufficiently Alleged Against JetBlue
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In Saleh v. Pretty Girl, Inc. et al, No. 09-CV-1769 (RER), 2022 WL 4078150 (E.D.N.Y. Sept. 6, 2022), the court, inter alia, held that plaintiff presented sufficient evidence to support a jury verdict on plaintiff’s hostile work environment claims. From the decision: Plaintiff presented abundant evidence at trial to demonstrate to a jury that, under…

Read More Harassing Comments, Assault Sufficient to Support Hostile Work Environment Jury Verdict
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In Rojas v. Human Resources Administration, 2022 WL 3716851 (E.D.N.Y. August 29, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In support of this claim, plaintiff pointed to four incidents that occurred over roughly five months, namely: (1) Plaintiff’s supervisor telling…

Read More Hostile Work Environment Claim Dismissed; “Sarcastic” Comments About “Looks” Etc. Insufficient
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In Shkolnikova v. DeJoy, 18-CV-6400 (MKB), 2022 WL 3358077 (E.D.N.Y. August 15, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of pregnancy discrimination asserted under Title VII of the Civil Rights Act of 1964. Applying the McDonnell-Douglas burden-shifting framework, the court found that plaintiff presented a prima facie case…

Read More Assistant Mail Carrier’s Pregnancy Discrimination Claim Survives Summary Judgment
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