Court: EDNY

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In Rao v. Rodriguez, No. 14-cv-1936, 2017 WL 1214437 (E.D.N.Y. Mar. 31, 2017), the court denied defendants’ motions for summary judgment on plaintiff’s age discrimination claims – including under the Age Discrimination in Employment Act and its “heightened burden of but-for causation.” Plaintiff alleged, among other things, that the defendant-hospital’s CEO said to plaintiff “You’re…

Read More Age Discrimination Claims Survive Summary Judgment; Age-Related Comments Were Not “Stray Remarks”
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In Rao v. Rodriguez, No. 14-cv-1936, 2017 WL 1214437 (E.D.N.Y. Mar. 31, 2017), the court denied defendants’ motion for summary judgment on the race, national origin, and age discrimination[1]In this post I’ll discuss the court’s evaluation of plaintiff’s race/national origin discrimination claims. allegations asserted by plaintiff (a brown-skinned man of Indian national origin who held…

Read More Race/National Origin Discrimination Claims Survive Summary Judgment Against Wyckoff Heights Medical Center et al
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In Richard v. N.Y. City Dep’t of Educ., No. 16-CV-957 (MKB), 2017 WL 1232498 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964, and therefore denied defendant’s motion to dismiss that claim under Federal Rule of Civil Procedure 12(b)(6).[1]The court granted defendant’s…

Read More Retaliation Claim Survives Dismissal; Letter Placing Plaintiff on Probation was an “Adverse Employment Action”
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In Lebowitz v. N.Y. City Dep’t of Educ., No. 15-cv-2890, 2017 WL 1232472 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiffs – former Sheepshead Bay High School math teachers – sufficiently alleged age discrimination under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights…

Read More Math Teachers’ Age Discrimination Claims Partially Survive Motion to Dismiss
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In DeVore v. Neighborhood Hous. Servs. of Jamaica Inc. (NHSJ), No. 15-CV-6218 (PKC), 2017 WL 1034787 (E.D.N.Y. Mar. 16, 2017), the court held that plaintiff sufficiently alleged a claim of gender discrimination. From the decision: [T]he Court finds that Plaintiff has sufficiently pled a disparate treatment claim on the basis of gender. Plaintiff alleges that…

Read More Male Employee’s Gender Discrimination (Disparate Treatment) Claim Sufficiently Pled; Survives Motion to Dismiss
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In Dash v. The Board of Education of the City School District of New York, No. 15-CV-2013, 2017 WL 838226 (E.D.N.Y. Mar. 3, 2017), the court held that the plaintiff – a male, African American assistant principal – presented enough facts to overcome defendant’s motion for summary judgment (in part), and permitted his hostile work environment…

Read More Male Teacher/Assistant Principal’s Hostile Work Environment Claim Survives Summary Judgment
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In Townsend v. Ganci, No. 16-CV-2814 (JFB), 2017 WL 752203 (E.D.N.Y. Feb. 27, 2017), the Eastern District of New York upheld a Bankruptcy Court determination that a debt resulting from a judgment (following a jury verdict) for the plaintiff in an employment discrimination (sexual harassment/hostile work environment) case was non-dischargeable in bankruptcy. The law provides: The…

Read More Eastern District Affirms Non-Dischargeability of Debt Arising From Plaintiff Verdict/Judgment in Sexual Harassment/Hostile Work Environment Case
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It is an unfortunate reality that many employment discrimination cases are dismissed. These cases are often difficult to prove, and success requires navigating a path riddled with hurdles, ranging from statutes of limitation, to proper pleading, to dismissal on summary judgment following the completion of discovery. A recent example is Edwards v. N.Y. State Office of…

Read More Court Dismisses Born Again Christian’s Employment Discrimination, Hostile Work Environment, and Retaliation Claims
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In Prophete-Camille v. Stericycle, Inc., No. 14-CV-7268(JS)(AKT), 2017 WL 570769 (E.D.N.Y. Feb. 13, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim. With respect to the issue of whether the workplace was sufficiently “hostile”, the court explained: The Court finds that Plaintiff has raised issues of fact on her…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Evidence Included Sexual Comments and References to Sexual Acts, Sexual Relationship
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