Court: SDNY

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In Pesce v. Mendes & Mount, LLP et al, 2020 WL 7028641 (S.D.N.Y. Nov. 30, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Assessing the totality of the circumstances, and noting that the Second Circuit has “repeatedly cautioned against setting the bar too…

Read More Hostile Work Environment Sexual Harassment Claim Against Mendes & Mount Survives Dismissal
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In Alexander v. NYC Dept. of Education, 2020 WL 7027509 (S.D.N.Y. Nov. 30, 2020), the court dismissed plaintiff’s federal and state aw hostile work environment claims, but denied defendants’ motion to dismiss plaintiff’s hostile work environment claim under the New York City Human Rights Law. This decision, as such, illustrates the comparative breadth of the…

Read More Hostile Work Environment Claim Under City Law, But Not Federal and State Law, Survives Dismissal
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In Chibuzor v. Dr. Steven Corwin et al, 2020 WL 6905304 (S.D.N.Y. Nov. 23, 2020), the court, inter alia, dismissed plaintiff’s sex-based discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the pertinent law, the court applied it to the facts: Here, Plaintiff fails to allege any facts suggesting…

Read More Sex Discrimination Claim Dismissed; Disagreement With Opposite-Sex Employee Not Enough
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In Kalia v. City University of New York, 2020 WL 6875173 (SDNY Nov. 23, 2020), the court, inter alia, dismissed plaintiff’s race- and national origin-based hostile work environment claim(s). The court provides the following (well-established) overview of the “black letter law” in this area: [F]or Kalia’s Title VII hostile work environment claim to survive, he…

Read More Hostile Work Environment Insufficiently Alleged; Negative Conduct
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In Vega v. Department of Education, 2020 WL 6727803 (S.D.N.Y. Nov. 16, 2020), the court, inter alia, dismissed plaintiff’s retaliation claim. From the decision: Vega alleges that she was terminated in March 2019 in retaliation for filing her previous case, Vega I, in July 2018. Doc. 30 ¶ 20. To sufficiently plead a prima facie…

Read More Disability-Based Retaliation Claim Dismissed; Causation Undermined by Nine-Month Gap Between Protected Activity and Adverse Action
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In Butler v. City School District of New Rochelle et al, 2020 WL 6639121 (S.D.N.Y., 2020), the court denied plaintiff’s motion for reconsideration of its decision to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. The court explained that such a motion is subject to a strict standard, which requires the movant…

Read More Section 1981 Retaliation Claim Dismissed Against New Rochelle School District
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In Truitt v. Salisbury Bank and Trust Company, 2020 WL 4208452 (S.D.N.Y. July 21, 2020), the court dismissed plaintiff’s discrimination and constructive discharge claims under New York Labor Law § 201-d(2)(a), which prohibits discrimination because of “an individual’s political activities outside of working hours, off of the employer’s premises and without use of the employer’s…

Read More Court Dismisses “Political Activities” Discrimination Claim Under NY Labor Law § 201-d
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In Van Soeren v. Disney Streaming Service, 2020 WL 6131255 (S.D.N.Y. Oct. 16, 2020), the court dismissed plaintiff’s discrimination complaint asserted under, e.g., Title VII of the Civil Rights Act of 1964. In sum, plaintiff – a male product designer and former at-will employee of defendant – asserted that he was subject to pregnancy discrimination…

Read More Title VII Discrimination Claim, Based on Wife’s Pregnancy, Dismissed; “New Parent” Status Not Protected Class
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In Bernstein v. New York City Department of Education, 2020 WL 6564809 (S.D.N.Y. Nov. 9, 2020), the court, inter alia, dismissed plaintiff’s age-based hostile work environment and (related) constructive discharge claims. From the decision: First, a school system is entitled to ask a teacher when she plans to retire without automatically creating an inference that…

Read More Hostile Work Environment & Constructive Discharge Claims Dismissed Against NYC Dept. of Education
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In Cardwell v. Davis Polk & Wardwell LLP et al, 19-cv-10256, 2020 WL 6274826 (S.D.N.Y. Oct. 24, 2020), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. In sum, plaintiff – a law firm associate – alleged (inter alia) that he was suffered a hostile work environment on account of his race, in…

Read More Race-Based Hostile Work Environment Claim Dismissed; Social Ostracism Insufficient
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