In EEOC v. AZ Metro Distributors, LLC, 2020 WL 7404432 (EDNY Dec. 16, 2020), the court, inter alia, held that a jury verdict in plaintiff’s favor on claims of age discrimination under the Age Discrimination in Employment Act was supported by sufficient evidence, and therefore denied defendant’s Rule 50 motion for judgment as a matter…
Read More Age Discrimination Jury Verdict Supported by Sufficient EvidenceIn a recent case, Belvin and Mayers v. Electchester Management, LLC, 2020 WL 7262877 (E.D.N.Y. Dec. 10, 2020), the court, inter alia, dismissed one plaintiff’s retaliation claim, finding that they did not establish a prima facie case of retaliation. From the decision: Regarding the first claim, Mr. Mayers has failed to adduce evidence of retaliation…
Read More Retaliation Claim Dismissed; Insufficient Help in Putting Up Christmas Decorations Was Not An “Adverse Employment Action”In Lebowitz et al v. New York City Dept. of Education et al, 2020 WL 7024362 (E.D.N.Y. Nov. 30, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s age-based hostile work environment claim. From the decision: [Plaintiff] premises her claim largely on comments purportedly made by O’Mahoney and Izzo. According to…
Read More Teachers’ Age Discrimination / Hostile Work Environment Claims DismissedIn Ulinski v. Brotherhood of Railroad Signalmen Local 56, 2020 WL 6940994 (EDNY Nov. 24, 2020), the court, inter alia, dismissed plaintiff’s claim for age discrimination asserted under the Age Discrimination in Employment Act. The specific basis for dismissal was plaintiff’s failure to “exhaust his administrative remedies.” The court explained this obligation, and its relevance…
Read More Federal Age Discrimination Claim Dismissed Due to Failure to Exhaust Administrative RemediesIn Francis v. Ideal Masonry, Inc., 2020 WL 6737463 (E.D.N.Y. Nov. 17, 2020), a race discrimination case, the court (upon review of a Magistrate Judge’s Report & Recommendation) denied defendants’ motion to vacate a default judgment. Plaintiffs, who are both Black males and immigrants. alleged that while employed by defendant, their supervisor, “used racist epithets…
Read More “Strategic”, “Willful” Default in Race Discrimination Case Will Not Be VacatedIn Nagaraj v. Sandata Technologies, LLC, 2020 WL 6482194 (EDNY Nov. 4, 2020), the court adopted a Magistrate Judge’s Report & Recommendation finding that plaintiff may proceed on his claim of a hostile work environment based on race discrimination culminating in a constructive discharge. This decision is instructive on the scope of a federal statute,…
Read More Race-Based Hostile Work Environment Claim Survives DismissalIn a decision filed today, Palmer et al v. Amazon.com, Inc. et al (EDNY 20-cv-02468 Nov. 2, 2020), the Eastern District of New York granted defendants’ motion to dismiss plaintiffs’ complaint, which asserts (i) public nuisance, (ii) breach of the duty to provide a safe workplace under NY Labor Law § 200, (iii) failure to…
Read More Court Dismisses COVID-19 Related Suit Against Amazonn Rosalie v. Supreme Glass Co., Inc., 18-CV-02064, 2020 WL 6263311 (EDNY Oct. 23, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. (The court also denied…
Read More Wrongful Termination Claim, Based on Plaintiff’s Gender and Sexual Orientation, Survives Summary JudgmentIn Rosalie v. Supreme Glass Co., Inc., 18-CV-02064, 2020 WL 6263311 (EDNY Oct. 23, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The court outlined the…
Read More Hostile Work Environment (Sexual Orientation/Gender) Claims Survive Based on Offensive CommentsIn Lax v. City University of New York et al, 2020 WL 6161253 (EDNY Oct. 21, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. The court summarized the “black-letter law” as follows: A hostile work environment claim requires a showing: (1) that the harassment was “sufficiently severe or pervasive to alter the…
Read More Hostile Work Environment Claim Dismissed, as it was Largely Based on Conduct Experienced by Others