In Laface v. Eastern Suffolk BOCES, 2020 WL 2489774 (EDNY May 14, 2020) (J. Spatt), the court, inter alia, granted plaintiff leave to amend his complaint to supplement his retaliation claim under the Americans with Disabilities Act (ADA). The court outlined the relevant law: To succeed in an ADA retaliation claim, a plaintiff must prove…
Read More ADA Retaliation Claim May Be Supplemented in Amended ComplaintIn Taylor v. Dollar Tree Stores, 2020 WL 2478663 (EDNY May 13, 2020), the court, inter alia, dismissed plaintiff’s race- and national origin-based hostile work environment claims. From the decision: Taylor’s allegations about his co-workers, including that they verbally abused him cannot be the basis of a hostile work environment claim, because there is an…
Read More Race/National Origin-Based Hostile Work Environment Claims Dismissed Against Dollar Tree StoresA recent decision from the Eastern District of New York, Henek v. CSC Holdings, LLC, 2020 WL 1516460 (E.D.N.Y. March 30, 2020) (J. Cogan), is instructive as to what a plaintiff must show – specifically, what will (in the court’s words) “not cut it” – when opposing a summary judgment in an employment discrimination case.…
Read More Religion/National Origin Discrimination Claims Dismissed; “Contentions” and “Beliefs” “Do Not Cut It”In Wright v. Whitsons Culinary Group, 20-cv-667, 2020 WL 1957529 (EDNY April 23, 2020), the court, inter alia, dismissed plaintiff’s complaint as it did not sufficiently/plausibly allege that he was subjected to retaliation in violation of Title VII of the Civil Rights Act of 1964. (I discussed the discrimination portion of the decision here.) From…
Read More Title VII Retaliation Claim Dismissed; Supervisor Dispute Did Not Constitute Sufficient OppositionIn Wright v. Whitsons Culinary Group, 20-cv-667, 2020 WL 1957529 (EDNY April 23, 2020), the court, inter alia, dismissed plaintiff’s complaint as it did not sufficiently/plausibly allege that he suffered discrimination based on a protected characteristic in violation of Title VII of the Civil Rights Act of 1964. From the decision: In this action, Plaintiff…
Read More Discrimination Complaint Dismissed; Comparators’ Characteristics Not IdentifiedIn a recent case, Abreu v. Verizon New York, Inc. et al, 15-cv-00058 (EDNY March 25, 2020), the court – following a jury verdict in plaintiff’s favor on his claims of race discrimination and retaliation – held, inter alia, that the jury’s award of $750,000 for emotional distress was too high, and held that $200,000…
Read More Emotional Distress Damages Remitted From $750,000 to $200,000 in Employment Discrimination CaseIn Stathatos v. William Gottlieb Management, 18-cv-03332, 2020 WL 1694366 (E.D.N.Y. April 6, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging religion-based discrimination asserted under Title VII of the Civil Rights Act of 1964. Initially, the court held that plaintiff’s claim was subject to dismissal based on grounds of untimeliness…
Read More Religious Discrimination Claim Dismissed; No Link Between Allegedly False Charge of Viewing Pornography and Plaintiff’s ReligionIn Jian Hua Li v. Chang Lung Group Inc., 2020 WL 1694356 (E.D.N.Y. April 7, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the court explained: Plaintiff’s hostile work environment claim under the NYSHRL fails.…
Read More Hostile Work Environment Claim, Based on Chinese-American Status, DismissedIn Sosa v. New York City Department of Education, 18-cv-411, 2020 WL 1536348 (E.D.N.Y. March 31, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of retaliation under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL), based…
Read More Retaliation Claim Survives Dismissal Against NYC DOEIn Wang v. Air China Limited and LB Oceanfront Corp., 17-CV-6662, 2020 WL 1140458 (E.D.N.Y. March 9, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s federal and state law retaliation claims (asserted, respectively, under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights…
Read More Retaliation Claim Survives Summary Judgment