In Brock v. Zuckerberg et al, No. 20-cv-7513, 2021 WL 2650070 (S.D.N.Y. 2021) (Liman, J.), the court dismissed plaintiff’s claims asserting that defendants Facebook, Inc. (as well as Mark Zuckerberg, Sheryl Sandberg, among others) violated his constitutional rights to free speech and due process by allegedly removing and blocking his Facebook posts. This decision is…
Read More Court Rejects First Amendment Claim Against Facebook et alIn Cruz v. City of New York et al, No. 21-cv-1999, 2021 WL 5605139 (S.D.N.Y. Nov. 30, 2021), the court, inter alia, held that plaintiff stated claims for disability discrimination in the form of a failure to accommodate under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the…
Read More Disability Discrimination (Failure to Accommodate) Claim Sufficiently Alleged Against NY Health & Hospitals Corp.In Chacko v. Office of the New York State Comptroller et al, No. 20-cv-10697, 2021 WL 5605063 (S.D.N.Y. Nov. 30, 2021), the court granted defendants’ partial motion to dismiss based on plaintiff’s failure to “administratively exhaust” her claims before the U.S. Equal Employment Opportunity Commission (EEOC). From the decision: In her EEOC Charge, Plaintiff alleged…
Read More Discrimination Allegations Concerning Additional Actors Dismissed as Beyond EEOC Charge’s ScopeIn Myers v. Inspector Mary Christine Doherty et al, No. 21 Civ. 219, 2021 WL 5599502 (S.D.N.Y. Nov. 30, 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging a race-based hostile work environment under 42 U.S.C. § 1983 and the New York City Human Rights Law. The court held that plaintiff’s…
Read More Hostile Work Environment Claim Dismissed; “Hostile Looks”, “Castigation”, “Coldness” Bow Tie Remarks Held InsufficientIn James v. Borough of Manhattan Community College et al, 20-cv-10565, 2021 WL 5567848 (S.D.N.Y. Nov. 29, 2021), the court, inter alia, dismissed plaintiff’s claims of a race- and age-based hostile work environment. This case aptly illustrates that a “work environment” that might be “hostile” in the ordinary sense is not necessarily a “hostile work…
Read More Hostile Work Environment Claim Dismissed; “Climate of Fear” Allegation InsufficientIn Walker v. Triborough Bridge and Tunnell Authority et al, 2021 WL 5401483 (S.D.N.Y. Nov. 18, 2021), the court, inter alia, dismissed plaintiff’s claims of race and gender discrimination. This case nicely illustrates a fundamental premise of anti-discrimination law, namely: Discrimination has no place in the workplace. Anti-discrimination laws protect employees when they are subjected…
Read More Hostile Work Environment Claims Dismissed; Abusive Conduct Was Not Connected to Gender or RaceIn Rosen v. N.Y.C. Department of Education, et al., 18-cv-06670, 2021 WL 5279396 (S.D.N.Y. Nov. 12, 2021), an age discrimination case, the court granted plaintiff’s motion to compel a deposition of a non-party witness, namely, plaintiff’s alleged (younger) “comparator.” In sum, plaintiff alleges (among other things) that the majority of her teacher duties were assigned…
Read More Age Discrimination Plaintiff’s Motion to Compel Deposition Testimony of Comparator GrantedIn Wilson v. JPMorgan Chase Bank, N.A., et al, 20-cv-4558, 2021 WL 5179914 (S.D.N.Y. Nov. 8, 2021), the court, inter alia, held that plaintiff sufficiently (i.e., plausibly) alleged a race-based hostile work environment under the New York State and City Human Rights Laws. Beginning with the City Law, the court explained: [Plaintiff’s Second Amended Complaint]…
Read More Race-Based Hostile Work Environment Sufficiently Alleged Against JPMorgan Chase Bank Under the NYS and NYC Human Rights LawIn Stalling v. FINRA, 21-CV-8390, 2021 WL 5166406 (S.D.N.Y. Nov. 5, 2021), the court, inter alia, dismissed plaintiff’s “failure to hire” discrimination claim as insufficiently alleged. The court explained the governing law (substantive and procedural) as follows: Title VII provides that “[i]t shall be an unlawful employment practice for an employer … to fail or…
Read More Race and Sex Discrimination Claims Dismissed Against FINRAIn Kalarickal v. Denis McDonough, Secretary, Department of Veterans Affairs, 20-cv-10249, 2021 WL 5112907 (S.D.N.Y. Nov. 3, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim (in one respect). Plaintiff, a former contract employee (radiology technician) who worked for the U.S. Department of Veterans Affairs, asserted various forms of discrimination and…
Read More Retaliation Claim, Arising From Termination Weeks After Discrimination Complaint, Survives Dismissal