In Zheng-Smith v. Nassau Health Care Corporation, 18-cv-2585, 2020 WL 55117486 (EDNY Sept. 14, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claims alleged under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court explained the black-letter law as follows: Although courts are…
Read More Hostile Work Environment Claim, Based on Mocking of Accent, DismissedIn Santiago v. 1199 SEIU et al, 2020 WL 4350048 (E.D.N.Y. July 29, 2020), the court, inter alia, dismissed plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act (ADA). Plaintiff asserted – albeit, according to the court, non-specifically – that he was subjected to discrimination because of his alchoholism. From the decision: Although…
Read More Alcoholism-Related ADA Disability Discrimination Claim DismissedIn Young v. Edwin Gould Services for Children and Families, 2020 WL 4287164 (EDNY July 27, 2020), the court dismissed plaintiff’s federal age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA) on statute-of-limitations grounds. Plaintiff alleged, inter alia, that plaintiff’s supervisor (his former trainee) disrespected and lied abut plaintiff to others, that…
Read More Untimely EEOC Filing Results in Dismissal of ADEA Age Discrimination ClaimIn Sotolongo v. The New York State Department of Motor Vehicles et al, 19-CV-3282, 2020 WL 4261194 (E.D.N.Y. July 24, 2020) (J. Garaufis), the court, inter alia, granted defendants’ motion to dismiss plaintiff claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. In this case, as in many others, plaintiff’s…
Read More Title VII Retaliation Claim Against NYS DMV Dismissed; Eight-Month Gap Defeats CausationFrom Basora-Jacobs v. Palevsky, 2020 WL 3868710 (E.D.N.Y. July 9, 2020): [Plaintiff’s] complaint does not state sufficient facts to support a Title VII claim against Plaintiff’s employer. “A plaintiff asserting a Title VII discrimination claim must allege facts showing that “(1) the employer took adverse action against h[er] and (2) h[er] race, color, religion, sex…
Read More Title VII Discrimination Complaint Dismissed; No Facts Alleged to Suggest That Termination or Retaliation Was Done For Discriminatory ReasonIn Babbitt v. Koeppel Nissan, Inc., 2020 WL 3183895 (E.D.N.Y. June 15, 2020), the court, inter alia, dismissed defendants’ counterclaim asserting that plaintiff violated the “faithless servant doctrine.” Plaintiff alleged, among other things, that defendants subjected her to sex discrimination and retaliation. The court explained the applicable law: Under the faithless servant doctrine, “[o]ne who…
Read More “Faithless Servant Doctrine” Claim DismissedIn Mejia v. City of New York, 2020 WL 2837008 (E.D.N.Y. May 30, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted against two individuals under the New York City Human Rights Law. From the decision: Plaintiff’s gender-based hostile work environment claim, however, is viable as…
Read More “Bitch” Remark Among Evidence Supporting Denial of Summary Judgment Under the NYC Human Rights Law on Plaintiff’s Hostile Work Environment ClaimIn Mejia v. City of New York, 2020 WL 2837008, at *14 (E.D.N.Y. May 30, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim. From the decision: Plaintiff asserts claims for quid pro quo sexual harassment under NYSHRL and NYCHRL. Quid pro quo sexual harassment occurs when…
Read More Quid Pro Quo Sexual Harassment Claim Dismissed; Court Cites Absence of Action Following Rejection of Sexual OvertureIn Miranda v. South Country Central School District, Joseph Giani, et al, 2020 WL 2563091 (EDNY May 21, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of gender discrimination asserted under Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the New…
Read More “Topless Selfie” Teacher’s Gender Discrimination Claims Continue Against School DistrictIn Matthew v. JPMorgan Chase Bank, N.A., 2020 WL 2523064 (EDNY May 18, 2020) (J. Mauskopf), the court, inter alia, dismissed plaintiff’s national origin-based hostile work environment claim. From the decision: [Plaintiff] Matthew has not alleged any facts supporting an inference that she was terminated because of her race or gender. Indeed, the only allegation…
Read More Accent-Based National Origin Hostile Work Environment Claim Dismissed Against JPMorgan Chase