Court: EDNY

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In Menaker v. Hofstra University, 17-cv-5562, 2018 WL 4636818 (E.D.N.Y. Sept. 26, 2018), the court granted defendant’s motion, under Federal Rule of Civil Procedure 12(b)(6), to dismiss plaintiff’s gender discrimination complaint against Hofstra University. In sum, defendant fired plaintiff (defendant’s Director of Tennis and Head Coach of men’s and women’s varsity tennis teams) for “unprofessional conduct”…

Read More Court Dismisses Hofstra Tennis Director’s Gender Discrimination Complaint Dismissed; Misconduct Allegations, Not Gender, Were Reason for Termination
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In Morris v. New York City Health and Hospital Corp., 09-CV-5692, 2018 WL 4762247 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual harassment (hostile work environment) claim, with respect to one alleged harasser. As to plaintiff’s hostile work environment claim, the court explained: After assessing the…

Read More Sexual Harassment Claims Survive Summary Judgment Against NYC Health & Hospital Corp.
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In Maines et al v. Last Chance Funding, Inc. d/b/a The LCF Group et al, 2018 WL 4558408 (E.D.N.Y. Sept. 25, 2018), the court clarified the standard for imposing liability on individual defendants under the New York State Human Rights Law (NYSHRL), N.Y. Executive Law § 290 et seq. The statute, explained the court, provides for…

Read More Court Explains Standard for Individual Liability for a Hostile Work Environment Under the New York State Human Rights Law
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In Maines et al v. Last Chance Funding, Inc. d/b/a The LCF Group et al, 2018 WL 4558408 (E.D.N.Y. Sept. 21, 2018), the court, inter alia, held that one plaintiff (Alexandre) sufficiently stated a claim for hostile work environment based on gender in a proposed amended complaint.[1]The court also held that this particular plaintiff also sufficiently alleged…

Read More Hostile Work Environment Claim Sufficiently Alleged; Claims Include Inappropriate Touching and Viewing Pornography
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In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “hostile work…

Read More Hostile Work Environment Claim Stated Against Smithtown Volkswagen
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In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Stated Against Smithtown Volkswagen
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In Pothen v. StonyBrook University, 2018 WL 3954148 (E.D.N.Y. Aug. 15, 2018), the court adopted a Report and Recommendation (R&R) that plaintiff’s discrimination and retaliation claims be dismissed. In doing so, the court discussed the so-called “continuing violation” doctrine. From the decision: the Court agrees with the R&R’s conclusion that plaintiff’s claims based on separate,…

Read More Absent Evidence of “Practice or Policy” of Discrimination, Court Declines to Apply “Disfavored” Continuing Violations Doctirine “Continuing Violation” Doctrine Held Inapplicable
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In a recent decision, Wolfinger v. Consolidated Edison Company of New York, Inc., 17-cv-1710, 2018 WL 3637964 (E.D.N.Y. July 31, 2018), the court, inter alia, explained and clarified what, exactly, a plaintiff must allege to sufficiently plead a failure-to-accommodate claim under the Americans with Disabilities Act. The court explained: A plaintiff bringing a failure-to-accommodate claim…

Read More Court Clarifies “Failure to Accommodate Disability” Employment Discrimination Claim: Wolfinger v. ConEd
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The fact pattern underlying the court’s decision in Maidana v. Boston Culinary Group, Inc., 16-cv-2342, 2018 WL 3614111 (E.D.N.Y. July 27, 2018), are (to say the least) disturbing: Plaintiff worked as a bartender for Defendant’s Fig’s Café located in LaGuardia Airport, Terminal B (hereinafter “Fig’s Café” or “Defendant”). (See Compl. ¶ 8–10.) An incident occurred…

Read More Court Dismisses LAG Bartender’s Discrimination Claim Following Alleged Customer Harassment
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In Fields v. New York City Health and Hospital Corporation, 17-cv-6042, 2018 WL 3518506 (E.D.N.Y. July 20, 2018), the U.S. District Court for the Eastern District of New York, inter alia, dismissed plaintiff’s claims of race and national origin discrimination under Title VII of the Civil Rights Act of 1964 and the New York City Human…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Dismissed Against NYC Health & Hospital Corporation
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