Court: SDNY

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In Franklin v. New York City Transit Authority, 18-cv-6436, 2021 WL 4710762 (S.D.N.Y. Oct. 8, 2021), the court dismissed plaintiff’s failure-to-promote claim under Title VII of the Civil Rights Act of 1964, since that claim was not “administratively exhausted.” From the decision: The defendant in this case argues – correctly – that the plaintiff’s claims…

Read More Title VII “Failure to Promote” Claim Dismissed; Failure to Include in EEOC Charge Fatal
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In Kilgannon v. Social Security Administration et al, 20-cv-01891, 2021 WL 4523505 (S.D.N.Y. Sept. 30, 2021), the court, inter alia, dismissed plaintiff’s claims of hostile work environment sexual harassment, which were predicated on sexual advances by plaintiff’s co-worker. From the decision: Plaintiff alleges numerous specific, instances of Ms. Borges’s alleged harassing behavior which he claims…

Read More Co-Worker’s Sexual Advances Did Not Constitute an Actionable Hostile Work Environment, Court Holds
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In Ramirez v. Temin & Company, Inc. et al, 20 Civ. 6258, 2021 WL 4392303 (S.D.N.Y. Sept. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged race, color, national origin, and sex discrimination under the New York City Human Rights Law. From the decision: Here, Ramirez alleges that [company owner] Temin suggested she…

Read More Race, Color, National Origin, Sex Discrimination Claims Sufficiently Alleged; Court Cites Comments Reflecting “Racial and Gendered Stereotypes”
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Some court decisions, particularly in the employment discrimination context, are perfect examples of “what not to do” in the workplace. In such a recent case, Shkoza v. NYC Health & Hospitals Corp., 20-CV-3646, 2021 WL 4340787 (S.D.N.Y. Sept. 22, 2021), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under the New…

Read More Sex-Based Hostile Work Environment Sufficiently Alleged; Allegations Included “Wives” Comment, Inappropriate Touching
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In Zuckerman v. GW Acquisition LLC d/b/a G&W Industries et al, 20-CV-8742, 2021 WL 4267815 (S.D.N.Y. Sept. 20, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy/lactation-related unlawful termination claims. (The court also denied defendants’ motion to dismiss plaintiff’s hostile work environment claims, which I addressed in a separate post.) The court…

Read More Breastfeeding Mother’s Gender/Pregnancy Discrimination Claims Survive Dismissal
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In Karupaiyan v. CVS Health Corp. et al, 19 Civ. 8814, 2021 WL 4341132 (S.D.N.Y. Sept. 23 2021), the court, inter alia, held that plaintiff sufficiently alleged claims of race discrimination against several defendants under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State and City Human…

Read More Race Discrimination Claims Survive Against CVS et al; Court Applies the “Stray Remarks” Doctrine
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In Zuckerman v. GW Acquisition LLC d/b/a G&W Industries et al, 20-CV-8742, 2021 WL 4267815 (S.D.N.Y. Sept. 20, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy/lactation-related hostile work environment claims. From the decision: The Court finds that Plaintiff has pled sufficient facts to indicate that the three elements of a hostile…

Read More Pregnancy-Related Hostile Work Environment Claims Survive Motion to Dismiss; Allegations Included Lactation Comments
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In Barney v. H.E.L.P. Homeless Service Corporation, 19 Civ. 5959, 2021 WL 4267629 (S.D.N.Y. Sept. 20, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim sexual orientation-based hostile work environment asserted under the New York City Human Rights Law. Notably, the court granted defendant’s motion for summary judgment on plaintiff’s…

Read More Sexual Orientation Hostile Work Environment Claim Survives Under City, But Not State and Federal, Law
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In Goldman v. Sol Goldman Investments, LLC, et al., 20-cv-06727, 2021 WL 4198253 (S.D.N.Y. Sept. 14, 2021), the court held that plaintiff sufficiently alleged that named defendant Sol Goldman Investments was plaintiff’s “employer” for purposes of his claims under the Age Discrimination in Employment Act (ADEA) and the New York State and City Human Rights…

Read More Court Discusses and Applies the “Single Employer” Doctrine in ADEA Discrimination Case
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In Tortorici v. Bus-Tev, LLC d/b/a Early Morning Seafood and Eric Tevrow, 17-cv-7507, 2021 WL 4177209 (S.D.N.Y. Sept. 14, 2021), the court granted defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims on her New York State and City Human Rights Laws. This case illustrates the principle that, in order to make…

Read More Lewd & Inappropriate, But Not Actionable: Sex-Based Hostile Work Environment Claim Dismissed
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