Court: SDNY

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In Hamilton Specialty Insurance Company, Inc. v. Kinsale Insurance Co., 19-cv-5548, 2020 WL 1876358 (S.D.N.Y. April 15, 2020), the court held that a claim arising from an employment discrimination lawsuit was subject to an exclusion under an insurance policy (specifically, that policy’s “criminal act exclusion”). Here, the plaintiff (Hamilton) is an insurance company suing another…

Read More Sexual Assault Comes Under “Criminal Act Exclusion” in Insurance Policy, Court Holds
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In Shojae v. Harlem Hospital Center et al, 2020 WL 1862293 (S.D.N.Y. April 14, 2020), the court held that the filing of a charge of discrimination with the United States Equal Employment Opportunity Commission (EEOC) tolls the statute of limitations under the New York State and City Human Rights Laws. In this employment discrimination case,…

Read More Filing of EEOC Charge Tolls Statute of Limitations Under NYS and NYC Human Rights Laws, Court Holds
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A recent decision, Barney v. H.E.L.P. Homeless Service Corporation, 2020 WL 1699984 (SDNY April 8, 2020), illustrates the “extraordinary circumstances” justifying a delay in filing a federal discrimination lawsuit under Title VII of the Civil Rights Act of 1964 on the grounds of “equitable tolling.” Plaintiff asserted claims of sexual orientation-based discrimination and retaliation, and…

Read More Stabbing Justified “Equitable Tolling” of 90-Day EEOC Deadline in Discrimination Case, Court Holds
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In Anderson v. New York City Health and Hospitals Corporation et al, 16-cv-1051, 2020 WL 1528101 (S.D.N.Y. March 31, 2020), the court, inter alia, upheld the dismissal on summary judgment of plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The…

Read More Hostile Work Environment Claim Dismissed Against NYC Health & Hospitals Corporation
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A recent decision, Ellis v. New York City Department of Education, 2020 WL 1166056 (S.D.N.Y. March 11, 2020), illustrates that in order to properly plead a hostile work environment claim under Title VII of the Civil Rights Act of 1964, merely invoking the words “abuse” and “hostile” to describe one’s work situation is not enough.…

Read More Hostile Work Environment Claim Insufficiently Alleged Against NYC Department of Education, Court Holds
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In Morales v. City of New York, New York Presbyterian Hospital, Columbia University Medical Center et al, 2020 WL 1150136 (S.D.N.Y. March 10, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation that defendants’ motions to dismiss plaintiff’s aiding and abetting discrimination and hostile work environment sexual harassment and retaliation. This case…

Read More Hostile Work Environment Sexual Harassment and Retaliation Claims Survive Dismissal
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In Cunningham v. New York Junior Tennis League, Inc., 18-CV-1743, 2020 WL 916964 (S.D.N.Y. Feb. 26, 2020), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims. After summarizing the legal standards for hostile work environment claims under federal, state, and city law, the court applied the law…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Relate to the Neighborhood” Comment Deemed Insufficient
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In Adeniji v. U.S. Department of Commerce Census Bureau NY Regional Office, 2020 WL 882166 (S.D.N.Y. 2020), the court dismissed the claims by plaintiff – a Census Bureau employee – for employment discrimination. Initially, the court dismissed plaintiff’s claims of discrimination under 42 U.S.C. § 1981, the NYS Human Rights Law, and the New York…

Read More Census Bureau Employee’s Employment Discrimination Claims Dismissed
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From Wu v. Metropolitan Transportation Authority, 2020 WL 615626, at *10 (S.D.N.Y. Feb. 7,  2020): Wu has not established his prima facie case of discrimination because he not adduced any evidence that the incidents at issue in this case were the result of disability discrimination. He has not, for instance, put forth evidence that his…

Read More Disability Discrimination Claims Dismissed Against MTA
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In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff failed to state claims for race and national origin discrimination. (The court did find, however, that plaintiff sufficiently alleged a hostile work environment claim.) The court noted, in particular, that “although [plaintiff’s complaint] does…

Read More Notwithstanding “Deplorable” Racially-Disparaging Remarks, Court Dismisses Race and National Origin Discrimination Claims
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