In 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 sexual harassment claim. From the decision: After assessing the totality of the alleged conduct, the relevant factors, and the Second Circuit’s caution against “setting the…
Read More Sexual Harassment Claim Survives Summary JudgmentIn EEOC v. United Health Programs of America, Inc. and Cost Containment Group, Inc., 14-CV-3673, 2020 WL 1083771 (EDNY March 6, 2020), the court, inter alia, upheld a jury verdict in favor of plaintiffs, who alleged that they were subjected to a religious discrimination and a religion-based hostile work environment in violation of Title VII…
Read More Religion-Based Discrimination and Hostile Work Environment Jury Verdict for Plaintiff UpheldIn Boyce-Herbert v. New York and Presbyterian Hospital, 2020 WL 376788 (E.D.N.Y. Jan. 23, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims.[1]Initially, the court held that plaintiff’s discrimination claims were time-barred, but addressed the merits of plaintiff’s claims in an “abundance of caution.” The court listed the elements that a plaintiff must demonstrate in…
Read More Age/Race/Gender/Religious Discrimination Claims Dismissed Against NY and Presbyterian HospitalIn Fleurentin v. New York City Health & Hospitals Corp. et al, 18-cv-05004, 2020 WL 42841 (E.D.N.Y. Jan. 3, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. In this case, in sum, plaintiff – a Haitian man – alleged that “over the course of a decade the defendants repeatedly discriminated against him…
Read More Hostile Work Environment Claim Dismissed; Santa Claus Role Denial (etc.) InsufficientIn Poole v. EB Care at Garden City d/b/a The Bristal at Garden City et al, 19-CV-6222, 2019 WL 6352466 (E.D.N.Y. Nov. 27, 2019), the court dismissed plaintiff’s race discrimination and sexual harassment claims, asserted under Title VII of the Civil Rights Act of 1964, due to his failure to exhaust his administrative remedies. Plaintiff…
Read More Title VII Race Discrimination, Sexual Harassment Claims Dismissed Due to Failure to Exhaust Administrative RemediesIn Chauhan v. MM Hotel Management LLC et al, 18-cv-5963, 2019 WL 6118006 (E.D.N.Y. Nov. 18, 2019), the court, inter alia, dismissed plaintiff’s clams of race, national origin, and religion-based hostile work environment claims. First, the court summarized the legal standard: To establish a hostile work environment claim under Title VII, “a plaintiff must show…
Read More Hostile Work Environment Claims Dismissed; 6 Incidents Over a 15 Year Period InsufficientIn a recent case, Watson v. The Richmond University Medical Center et al, 14-cv-1033, 2019 WL 5087062 (E.D.N.Y. Oct. 10, 2019), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s Title VII race discrimination claim. From the decision (some citations omitted): [C]onstruing the facts in the light most favorable to Plaintiff, a…
Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Court Cites “Humiliating” DutiesIn Hooper v. PetSmart, Inc. et al, 2019 WL 4888651 (EDNY Sept. 30, 2019), the court denied plaintiff’s motion to amend an age discrimination claim under the Age Discrimination in Employment Act of 1967 (ADEA). The court held that plaintiff’s ADEA claim had three flaws; its discussion of each succinctly highlights important features of the…
Read More ADEA Claim Insufficiently Alleged Against PetSmart; Motion to Amend Deniedismissed Against PetSmartIn Edo v. Antika Pizzeria Astoria, Inc., 15-cv-5605, 2019 WL 4602799 (E.D.N.Y. Sept. 23, 2019), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim, finding that it was not administratively exhausted at the U.S. Equal Employment Opportunity Commission (EEOC). From the decision: The court agrees with defendant’s argument that plaintiff’s hostile work environment…
Read More Hostile Work Environment Claim, Not Asserted at the EEOC, DismissedIn Chauca v. AdvantageCare Physicians, P.C., 2019 WL 4247495 (E.D.N.Y. Sept. 6, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. The court summarized the basic elements of such a claim: To show that she was subjected to sex discrimination by virtue of a hostile work environment, plaintiff must show that…
Read More Sexual Harassment Claim Dismissed; Alleged Comments Were “Equally Offensive” to Men and Women