Court: SDNY

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In 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, dismissed plaintiff’s hostile work environment claim on the basis of his age, color, disability, national origin, race, and religion. This case illustrates that a “hostile work environment” does not exist merely by virtue…

Read More Hostile Work Environment Claim Dismissed; Allegations of “Burdensome” Work Schedule, Swearing, and Thrown Phone Held Insufficient
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In Pollock v. Dermot Shea & City of New York, 20-cv-6273, 2021 WL 4962736 (S.D.N.Y. Oct. 26, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims against the defendants under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. Initially, the court…

Read More Court: Gender Discrimination Claims Sufficiently Alleged Against City of New York and Individual Defendant
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In Ndugga et al v. Bloomberg L.P. et al, 20-cv-7464, 2021 WL 4952486 (S.D.N.Y. Oct. 25, 2021), the court, inter alia, held that a plaintiff sufficiently alleged a gender-based hostile work environment (specifically, that she was “treated less well”) because of her gender, under the New York City Human Rights Law. From the decision: Ms.…

Read More Gender-Based Hostile Work Environment Claim Sufficiently Alleged Against Bloomberg L.P.
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In Biehner v. City of New York et al, 19-CV-9646, 2021 WL 4924838 (S.D.N.Y. Oct. 20, 2021), the court, inter alia, dismissed plaintiff’s claim of gender/pregnancy discrimination under Title VII of the Civil Rights Act of 1964. From the decision: In any event, the plaintiff has not pleaded adequately the other elements required for her…

Read More Court Dismisses Title VII Gender/Pregnancy Discrimination Claim Against the City of New York
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In Jeanty v. Blue Rhino et al, 21-CV-8326, 2021 WL 4865202 (S.D.N.Y. Oct. 18, 2021), the court granted defendants’ motion to dismiss plaintiff’s employment (race) discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and 42 USC § 1981. In reaching its conclusion, with respect to Title VII, the court explained:…

Read More Race Discrimination (Unpaid Bonus, Termination) Claims Dismissed; Leave to Amend Granted
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In Benedith v. White Plains Hospital, 2021 WL 4555192 (S.D.N.Y. Oct. 4, 2021), the court dismissed plaintiff’s complaint, which asserted claims of race, color, and national origin discrimination (in the form of a failure to hire him as a physician). The court explained: At the pleading stage in an employment discrimination action, a plaintiff must…

Read More Failure-to-Hire Discrimination Claim Dismissed; Alleged “Contradiction” on Website Insufficient
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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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