Court: EDNY

by

In Maria Isabel Alvarado Navarro et al v. Building Service, Inc. et al, 23-CV-7343 (ARR) (MMH), 2024 WL 4225747 (E.D.N.Y. Sept. 18, 2024), the court, inter alia, dismissed plaintiff’s discrimination and hostile work environment claims. After concluding that it was unable to draw an inference of discrimination – as to plaintiff’s claims that defendant Lupe…

Read More Hostile Work Environment Claim, Based on National Origin & Immigration Status, Dismissed
Share This:
by

In DiLeo v. McDonough, Case No. 19-CV-2405 (FB) (MMH), 2024 WL 3758808 (E.D.N.Y. August 12, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of gender discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: The familiar, three-part McDonnell Douglas burden-shifting framework governs Plaintiff’s…

Read More “Emotionally Taxing” Work Environment Nevertheless Did Not Give Rise to Title VII Sex Discrimination Claim
Share This:
by

In Applewhite et al v. N.Y.C. Dept. of Education, 2024 WL 3718675 (E.D.N.Y. Aug. 8, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s failure-to-accommodate religion claim. From the decision: A plaintiff bringing a Title VII religious discrimination claim for failure to accommodate must allege that she “(1) has a bona fide religious…

Read More Failure to Accommodate Religion Claim Dismissed, Absent Allegation of Conflict Between Religious Observance and Employment Requirement
Share This:
by

In Payne v. JetBlue Airways Corp., Steven Tenorio, 2024 WL 3360381 (E.D.N.Y. July 9, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act off 1964. In sum, plaintiff (an inflight crewmember for defendant airline) alleges…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment Against JetBlue; Jury Could Find that Response Was Inadequate
Share This:
by

In Chin v. New York City Department of Corrections and The City of New York, 23-CV-5268 (AMD) (JAM), 2024 WL 2258033 (E.D.N.Y. May 17, 2024), the court denied defendants’ motion to dismiss plaintiff’s retaliation claims, asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law, against…

Read More Retaliation Claim, Arising From Alleged Retaliation Less Than Two Months After EEOC Found That Complaint Had Merit, Sufficiently Alleged Against City of New York
Share This:
by

In Gentile v. Touro Law Center, 21-CV-1345 (JS)(ARL), 2024 WL 1719608 (E.D.N.Y. April 22, 2024), the court, inter alia, denied defendant’s motion for reconsideration of its decision to deny defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). The court explained the procedural history (forming the…

Read More Age Discrimination Sufficiently Alleged; Motion for Reconsideration Denied
Share This:
by

In Kim v. Evergreen Adult Day Care in NY Inc., 22-CV-548 (AMD) (CLP), 2024 WL 989909 (E.D.N.Y. March 6, 2024), the court granted defendants’ motion to compel arbitration of plaintiffs’ employment discrimination and hostile work environment claims. This decision illustrates the uphill battle faced by a plaintiff-employee seeking to avoid an arbitration agreement on the…

Read More Court Grants Motion to Compel Arbitration of Discrimination Claims, Notwithstanding Alleged Language Barrier
Share This:
by

In Egers v. Allstate Insurance Company, 19-CV-4348 (JS)(ARL), 2024 WL 923122 (E.D.N.Y. March 4, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the New York State Human Rights Law. From the decision: Plaintiff’s claims of employment discrimination and failure to accommodate each require the Court to…

Read More Disability Discrimination Claim Survives Summary Judgment, in Light of Factual Dispute as to Whether Job Function Was “Essential”
Share This:
by

In White v. City of Long Beach, Comptroller Inna Resnick et al, CV 22-5628 (GRB)(ARL), 2024 WL 693773 (E.D.N.Y. Feb. 20, 2024), the court granted defendants’ motion to dismiss plaintiff’s employment discrimination claim. From the decision: Defendants seek dismissal of plaintiff’s Equal Protection claim on the basis that she failed to sufficiently allege she was…

Read More Equal Protection Discrimination Claim Dismissed, Absent Sufficient Information Pertaining to Alleged Comparators
Share This:
by

In Arkorful v. New York City Department of Education, 18-cv-3455 (NG) (ST), 2024 WL 298999 (E.D.N.Y. Jan. 24, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. The court summarized the black-letter as follows: On a motion for…

Read More Title VII Retaliation Claims Survive Summary Judgement; Adverse Actions, Following Complaints of Discrimination, Included Failure to Investigate OEO Complaints
Share This: