Court: SDNY

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In Padilla v. Sacks and Sacks, LLP, 2020 WL 5370799 (S.D.N.Y. Sept. 8, 2020), the court dismissed plaintiff’s claims of sexual harassment and discrimination on the basis of gender and sexual orientation, wrongful discharge, and intentional infliction of emotional distress. Plaintiff, a gay Hispanic woman, was employed by defendant as a paralegal. After dismissing plaintiff’s…

Read More Discrimination, Sexual Harassment Allegations Did Not Make Out Claim For Intentional Infliction of Emotional Distress
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In Kuperman v. New York City Department of Education, 2020 WL 5123398 (S.D.N.Y. August 28, 2020), the court dismissed plaintiff’s race and religion-based claims of discrimination against the New York City Department of Education, finding that the NYCDOE was not a proper party. From the decision: Plaintiff’s claims against the New York City Department of…

Read More Race/Religion Discrimination Claims Dismissed Against NYC Department of Education; NYCDOE Not Proper Party
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In Boyce v. Weber and Little Bear, Inc., 19-cv-3825, 2020 WL 5209526 (S.D.N.Y. Sept. 1, 2020), the court denied defendants’ motion for summary judgment (except in one respect) on plaintiff’s claims under the Trafficking Victims Protection Act (“TVPA”), 18 U.S.C. § 1591 et seq.; the New York State Human Rights Law; and the New York…

Read More Trafficking Victims Protection Act Lawsuit Continues Against Fashion Photographer
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In Harrisman v. The City of New York Department of Transportation et al, 2020 WL 5211043 (S.D.N.Y. Sept. 1, 2020), the court, inter alia, dismissed plaintiff’s religion-based hostile work environment claim. Initially, the court summarized the “black-letter” law governing this claim: To prove a prima facie case of a hostile work environment, a plaintiff must…

Read More Hostile Work Environment Claim Dismissed; Allegation That Female Co-Workers “Talked Too Much” Amounted to “Episodic”, “Inoffensive Utterances”
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In Stryker v. HSBC Securities (USA) et al, 2020 WL 5127461 (SDNY Aug. 31, 2020), the court, inter alia, granted defendants’ motion for summary judgment as to plaintiff’s disability-based hostile work environment claims under the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and New York City Human Rights Law. As…

Read More Disability-Based Hostile Work Environment Claims Dismissed; “Legitimate Reprimands” Were Not Actionable
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State and…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part Two (Title VII etc)
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act (EPA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part One (Equal Pay Act)
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In Olsson v. ABM Taxi Dispatch LaGuardia Airport, 2020 WL 5038742 (S.D.N.Y. Aug. 26, 2020), the court, inter alia, denied what it construed as plaintiff’s motion to amend his complaint to add a hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.…

Read More Hostile Work Environment Claim Insufficiently Alleged; Motion to Amend Denied
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In Farooq v. New York City Health & Hospitals Corporation et al, 19-cv-6294, 2020 WL 5018387 (S.D.N.Y. August 25, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race/national origin/religion-based hostile work environment claim. The court summarized the applicable law as follows: To prevail on a hostile work environment claim, a plaintiff must…

Read More Hostile Work Environment Claim by Pakistani Pharmacist Plaintiff Dismissed Against NYC Health & Hospitals Corp.
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In Angulo v. 36th Street Hospitality LLC, 2020 WL 4936961 (S.D.N.Y. August 24, 2020), a sexual harassment/hostile work environment case, the court adopted the Magistrate Judge’s Report & Recommendation (R&R) of damages to be awarded following the defendant’s default. Plaintiff’s allegations, as summarized by the court, are as follows: Plaintiff previously worked as a waitress…

Read More Sexual Harassment Plaintiff’s Damage Award Adopted by Court
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