Court: EDNY

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In Laface v. Eastern Suffolk BOCES et al, 2019 WL 1959489 (EDNY May 2, 2019), the court, inter alia, dismissed plaintiff’s claim of discrimination under the Age Discrimination in Employment Act (ADEA). The court provides the following overview of the law: To plausibly allege an actionable ADEA discrimination claim based on hostile work environment, the…

Read More ADEA Discrimination/Hostile Work Environment Complaint Dismissed Against Eastern Suffolk BOCES
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In McCullough v. John T. Mather Hospital of Port Jefferson, New York, Inc., 16-cv-4968, 2019 WL 1755436 (EDNY April 19, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. It summarized the law as follows: Title VII and NYSHRL prohibits an employer from discriminating against an employee on the basis of race, color,…

Read More Hostile Work Environment Claims Dismissed; “Inappropriate” Comments Were Insufficiently Severe, and Not Tied to Protected Status
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In Anderson v. NYC Health and Hospitals (Coney Island Hospital), 2019 WL 1765221 (E.D.N.Y. April 22, 2019), the court, inter alia, held that plaintiff failed to state a claim for hostile work environment under Title VII of the Civil Rights Act of 1964. It summarized the (well-established) law as follows: In order to prevail on…

Read More Hostile Work Environment Claim Dismissed; Amended Complaint Failed to Allege Specifics
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In Page v. Half Hollow Hills Central School District, 16-cv-4710, 2019 WL 764748, (E.D.N.Y. Feb. 20, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State Human Rights Law. The court…

Read More Race Discrimination Case Dismissed; Loss of License Rendered Plaintiff “Unqualified” For Position
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In Page v. Half Hollow Hills Central School District, 16-cv-4710, 2019 WL 764748, (E.D.N.Y. Feb. 20, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim on the ground that plaintiff did not address that claim in his papers opposing the motion. Here, defendants sought summary judgment on…

Read More Hostile Work Environment Claim, Unaddressed in Summary Judgment Opposition, Deemed Abandoned
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In Daeisadeghi v. Equinox Great Neck, Inc., 16-CV-01698, 2019 WL 331637 (E.D.N.Y. Jan. 25, 2019), the court, inter alia, dismissed on summary judgment plaintiff’s national origin-based hostile work environment claim. This case teaches, among other things, that even “insulting” conduct does not necessarily result in the establishment of a hostile work environment claim. From the decision:…

Read More Hostile Work Environment Claim Dismissed Against Equinox
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In Farmer v. Dr. Lucia Patino, Optometrist, P.C., 2019 WL 110956 (E.D.N.Y. Jan. 4, 2019), the court dismissed plaintiff’s claim under the Genetic Information Nondiscrimination Act (GINA). It summarized the statute: The GINA restricts the circumstances under which an employer may request or use genetic information, including information about an individual’s “genetic tests, the genetic tests…

Read More Genetic Information Nondiscrimination Act (GINA) Claim Dismissed
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In Giordani v. Legal Aid Society, 17-CV-5569, 2018 WL 6199553 (E.D.N.Y. Nov. 27, 2018), the court held, inter alia, that plaintiff failed to plead an age-based hostile work environment claim. From the decision: While Plaintiff’s hostile work environment claim is largely based on a series of unpleasant interactions with his colleagues, some of the incidents…

Read More Age-Based Hostile Work Environment Insufficiently Alleged
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A recent case, Amaya v. Ballyshear LLC, 2018 WL 6065493 (EDNY Nov. 20, 2018), discusses the geographical reach of the New York City Human Rights Law. In this case, the Plaintiff – a former housekeeper who lives in Southampton, New York – claims that defendants engaged in unlawful discrimination and retaliation in violation of the NYCHRL.…

Read More NYC Human Rights Law Claim Dismissed; “Impact” Not Felt in New York City
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In Schmitt v. City of New York et al, 15-CV-05992, 2018 WL 5777019 (E.D.N.Y. Nov. 1, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s disability-related hostile work environment claims. This decision teaches, among other things, that the facts underlying such claims must be evaluated as a whole, rather than piecemeal.…

Read More Disability-Related Hostile Work Environment Claims Survive Summary Judgment
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