Court: SDNY

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In Hafizov v. BDO USA, LLP, 22-CV-8853 (JPC) (RWL), 2023 WL 4697312 (S.D.N.Y. July 24, 2023), the court denied plaintiff’s motion to amend their complaint to add a retaliation claim. In a somewhat unique fact pattern, plaintiff alleges retaliation in the form of a deficiency letter sent by defendants’ counsel: Plaintiff’s proposed additional amendment seeks…

Read More Attorney Deficiency Letter Did Not Constitute an “Adverse Employment” Action
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In Washington v. NYC Madison Avenue Medical P.C. et al, No. 20-CV-03446-LTS-SN, 2023 WL 4980215 (S.D.N.Y. August 3, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sex/pregnancy discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. In sum,…

Read More Pregnancy Discrimination Case Survives Summary Judgment
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In Barbara Delo v. Paul Taylor Dance Foundation, No. 22-cv-9416 (RA), 2023 WL 4883337 (S.D.N.Y. Aug. 1, 2023), the court denied the defendant’s motion to compel arbitration under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. As part of its analysis, the court held that plaintiff plausibly alleged sexual harassment…

Read More Applying Recent Law, Court Denies Motion to Compel Arbitration in Sexual Harassment Lawsuit Against Paul Taylor Dance Foundation
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In Felix v. New York City Department of Education, 21 Civ. 6109 (LGS), 2023 WL 4706097 (S.D.N.Y. July 24, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim in violation of the Americans with Disabilities Act (ADA). Plaintiff alleged that the defendant subjected her to a hostile…

Read More Disability-Based Hostile Work Environment Claim Survives Summary Judgment Against NYC Dept. of Education
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In Julie Richmond v. Alan J. Sorensen, 22 CV 10075 (VB), 2023 WL 4239083 (S.D.N.Y. June 28, 2023), the court denied defendant’s motion to dismiss plaintiff’s sex discrimination claim asserted pursuant to 42 U.S.C. § 1983 and the Fourteenth Amendment. After summarizing the black-letter law – and noting that where, as here, the “color of…

Read More Sex Discrimination Claim Plausibly Alleged by Upstate Official
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In Doyle v. Mid-Hudson Valley Federal Credit Union, 20 CV 2087 (NSR), 2023 WL 4297192 (S.D.N.Y. June 30, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s age discrimination claims asserted under the Age Discrimination in Employment Act and New York State Human Rights Law. From the decision: Plaintiff presents a litany of…

Read More Age Discrimination Claims Survive Summary Judgment; Evidence Included Age-Related Comments and Hiring of Younger Replacement
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In Baptiste v. The City University of New York et al., 22-CV-2785 (JMF), 2023 WL 4266914 (S.D.N.Y. June 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based retaliation claim, asserted under 42 U.S.C. § 1981. Here, plaintiff’s retaliation claim arises out of her termination, which occurred one day after she engaged…

Read More Race-Based Retaliation Claim Survives Dismissal; Termination Occurred One Day After Protected Activity
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In Shi v. Batgatelle International, Inc., 220-cv-8473 (ER), 023 WL 4187557 (S.D.N.Y. June 26, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race and national origin discrimination claims. While defendant alleges that it terminated plaintiff due to her performance, plaintiff alleges that she was terminated because of her race, national…

Read More Race, National Origin Discrimination Claims Against Bagatelle Survive Summary Judgment
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In Mera v. SA Hospitality Group, LLC et al, 1:23-cv-03492 (PGG) (SDA), 2023 WL 3791712 (S.D.N.Y. June 3, 2023), the court, inter alia, denied defendant’s motion to compel arbitration of plaintiff’s New York State and City Human Rights Law sexual harassment claims. Specifically, plaintiff’s sexual harassment (but not other) claims fell within the scope of…

Read More Sexual Harassment Claims Fell Within Scope of “Ending Forced Arbitration of Sexual Assault Act of 2021”, and Thus Not Subject to Arbitration, Court Holds
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In Yu et al v. Shanghai Dumpling, Inc. et al, 2023 WL 3728347 (S.D.N.Y. May 30, 2023), the court, inter alia, granted plaintiff’s motion for default judgment on plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act. From the decision: Plaintiff’s first cause of action asserts a claim for employment discrimination…

Read More Age Discrimination (Termination) Claim Sufficiently Alleged Against Shanghai Dumpling; Default Judgment Awarded
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