In Bell v. SL Green Realty Corp. et al, 19 Civ. 8153, 2021 WL 516575 (SDNY Feb. 11, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. From the decision: To state a hostile work environment claim, the Complaint must plausibly allege that her “workplace is permeated with discriminatory intimidation, ridicule,…
Read More Sexual Harassment Claim Dismissed Against SL Green Realty Corp.In a recent Order, captioned Bolanos v. Tanieka Misa Hooten, 21-cv-336 (SDNY Feb. 11, 2021) – a case in which plaintiff asserts a violation of New York City’s “Freelance Isn’t Free Act” (codified at N.Y.C. Admin. Code § 20-927 et seq) – the U.S. District Court for the Southern District of New York granted defendant’s motion…
Read More Court Dismisses “Freelance Isn’t Free Act” Case For Lack of Subject Matter JurisdictionIn Elias v. City oof New York et al, 19-CV-11411, 2021 WL 411435 (S.D.N.Y. Feb. 5, 2021), the court denied defendants’ motion to dismiss plaintiff’s hostile work environment claims (on timeliness grounds). From the decision: Conspicuously, Defendants do not move to dismiss on the ground that she fails to state HWE claims as a substantive…
Read More Hostile Work Environment Claims Survive Statute-of-Limitations Based Dismissal; Continuing Violations Doctrine Sufficiently AllegedIn Reyes v. Westchester County Health Care Corp., 19-CV-08916, 2021 WL 310945 (S.D.N.Y. Jan. 29, 2021), the court, inter alia, dismissed plaintiff’s pregnancy- and national origin-based hostile work environment claims. From the decision: To state a hostile work environment claim under the Title VII, Plaintiff must allege: “[1] that the harassment was ‘sufficiently severe or…
Read More Hostile Work Environment Claim Dismissed; “Objectionable Vignettes” Did Not Give Rise to Actionable Objectively Hostile EnvironmentIn Wickes v. Westfair Electric Co., 2021 WL 217318 (S.D.N.Y. Jan. 20, 2021), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under 42 U.S.C. § 1981. In sum, plaintiff – who describes herself as a Native American woman – asserts that after she was hired as an apprentice mechanic by defendant, she became…
Read More Race Discrimination Claim, Asserted by Native American Plaintiff Under 42 U.S.C. § 1981, DismissedIn Maynard v. Montefiore Medical Center et al, 2021 WL 396700 (S.D.N.Y. February 4, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claims. Generally, every legal claim has a statute of limitations, which (in sum) is a deadline by which a claim must be asserted. The application of the statute of limitations to…
Read More Hostile Work Environment Claims Dismissed Against Montefiore Medical CenterIn a recent case, Michael J. Redenburg, Esq. PC v. Midvale Indemnity Company, 20-cv-05818, 2021 WL 276655 (S.D.N.Y. Jan. 27, 2021), the court, inter alia, granted defendant insurance company’s motion to dismiss the plaintiff attorney’s complaint, which sought a declaration that the firm’s commercial property insurance policy covered its losses caused by stay-at-home and social-distancing…
Read More “Virus Exclusion” Defeats Attorney’s Insurance-Coverage ClaimIn Massaro v. The Board of Education of the City School District of the City of New York, et al, 2021 WL 184364, at *6 (S.D.N.Y. Jan. 19, 2021), the court, inter alia, held that plaintiff presented sufficient evidence to survive summary judgment (in part) on her retaliation claim under the Age Discrimination in Employment Act,…
Read More ADEA Retaliation Claim, Arising From Denial of Substitute Teaching Application Following EEOC Charge, Survives Summary JudgmentIn Thompson v. Corizon Health, Inc., et al, 18 Civ. 7139, 2021 WL 105767 (S.D.N.Y. Jan. 12, 2021), the court, inter alia, held that plaintiff’s claim for unpaid wages, under the New York Labor Law, survived summary judgment. From the decision: The New York Labor Law permits recovery against an employer for unpaid wages and…
Read More Known Off-The-Clock Work Supported NY Labor Law ClaimIn Thompson v. Corizon Health, Inc., et al, 18 Civ. 7139, 2021 WL 105767 (S.D.N.Y. Jan. 12, 2021), the court, inter alia, held that plaintiff presented enough facts to survive summary judgment on her sexual harassment claim under the New York City Human Rights Law. From the decision: The parties do not dispute that Plaintiffs…
Read More Sexual Harassment Case, Arising From Inmate Harassment, Survives Summary Judgment