Court: SDNY

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In Knox v. John Varvatos Enterprises Inc., 17-CV-772, 2021 WL 95914 (S.D.N.Y. Jan. 12, 2021) – a gender discrimination class action lawsuit – the court, inter alia, held that the defendant was not permitted to invoke the “Bona Fide Occupational Requirement” (BFOQ) defense codified in Title VII of the Civil Rights Act of 1964. In…

Read More “Bona Fide Occupational Requirement” Defense Properly Denied to John Varvatos in Sex Discrimination Case
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In Maiurano v. Cantor Fitzgerald Securities, 2021 WL 76410 (S.D.N.Y. Jan. 8, 2021), the court, inter alia, held that plaintiff sufficiently alleged gender discrimination under the New York City Human Rights Law (though it dismissed plaintiff’s claim under the more stringent Title VII of the Civil Rights Act of 1964 and the New York State…

Read More Gender Discrimination Claim, Under the NYC Human Rights Law, Sufficiently Alleged Against Cantor Fitzgerald
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In a recent decision, captioned Calhoun v. Laidlaw & Company, 20-CV-6174 (S.D.N.Y. Dec. 18, 2020) (provided via teleconference; here is the transcript), the court held that plaintiff sufficiently alleged retaliation under the New York State and City Human Rights Laws. It was undisputed that the plaintiff sufficiently alleged that he engaged in “protected activity”, namely,…

Read More Former Employee’s Retaliation Claim Sufficiently Alleged, Court Holds
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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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