Court: SDNY

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In Farmer v. Fzoad.com Enterprises Inc., 2020 WL 6530787 (S.D.N.Y. 2020), the court, inter alia, found that the plaintiff sufficiently alleged a conversion claim against the employer defendants. From the decision: Count XII asserts a claim for conversion alleging that Defendants are “withholding Plaintiff’s personal belongings without justification, including but not limited to, two laptop…

Read More Employer’s Failure to Return Employee’s Personal Property Supported Conversion Claim, Court Finds
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In Jean v. U.S. Equal Employment Opportunity Commission, 2020 WL 7321057 (S.D.N.Y. Dec. 3, 2020), the court dismissed a lawsuit filed against the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency responsible for administering various federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment…

Read More Sovereign Immunity Precludes Lawsuit Against EEOC Based on Alleged Mishandling of Investigation of Employment Discrimination Claim
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In Brittany McHenry v. Fox News Network et al, 2020 WL 7480622 (S.D.N.Y. Dec. 18, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of gender discrimination and sexual harassment asserted under the New York City Human Rights Law. From the decision: The Amended Complaint adequately pleads claims against Murdoch for sexual…

Read More Gender Discrimination/Sexual Harassment Claims Sufficiently Stated Against George Murdoch by Brittany McHenry
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In HC2, Inc. v. Delaney, 20-cv-3178, 2020 WL 7480675 (S.D.N.Y. Dec. 18, 2020), the court, inter alia, dismissed the employee’s  whistleblower retaliation claims. The employee (Delaney) alleges that the employer (HC2) violated New York Labor Law §§ 740 and 215 by terminating his employment after he complained about HC2’s handling of the Covid-19 pandemic. Specifically,…

Read More COVID Whistleblower Retaliation (NY Labor Law § 740) Claim Dismissed
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In Rivera v. NYC Department of Education, 2020 WL 7496282 (S.D.N.Y. Dec. 21, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: Focusing on the timely allegations, the only non-conclusory allegations in this category are that Fanning “acted very coldly” towards Plaintiff and that Plaintiff received negative performance evaluations for…

Read More Hostile Work Environment Claim Dismissed Against NYC Dept of Education; “Acting Coldly” Plus Negative Performance Evaluations Insufficient
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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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