In Bonilla v. City of New York et al, 18-cv-12142, 2019 WL 6050757 (S.D.N.Y. Nov. 15, 2019), the court, inter alia, held that plaintiff sufficiently alleged race discrimination. Central to plaintiff’s claim was his being called “bobo” – which means “fool” in Spanish – several times. In reaching its conclusion, the court cited and applied…
Read More Race Discrimination Claim Stated; “Bobo” Slur CitedIn Crawford v. ExlService.com, LLC, 2019 WL 5887214 (SDNY Nov. 12, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. The court…
Read More Hostile Work Environment Claim Survives Summary Judgment Against ExlServiceIn Tavarez v. 32BJ et al, 2019 WL 5683370 (S.D.N.Y. Nov. 1, 2019), the court dismissed plaintiff’s employment discrimination claim. While plaintiff had testified that almost daily over several years her supervisor “engaged in grossly offensive behavior toward her,” she did not assert facts making out a claim under the antidiscrimination laws. The court cited…
Read More “Grossly Offensive” Behavior Unconnected to Protected Class Insufficient to State Employment Discrimination ClaimIn a recent case, Dinola v. Board of Education of the City of New York, 15-CV-8139, 2019 WL 5593286 (SDNY Oct. 30, 2019), the court dismissed plaintiff’s employment discrimination claims asserted pursuant to the New York State and City Human Rights Laws. Here, in sum, plaintiff asserts that she was subjected to discrimination based on…
Read More Teacher’s Constructive Discharge Claim DismissedIn Lawrence v. Chemprene, Inc. et al, 18-CV-2537, 2019 WL 5449844 (SDNY Oct. 24, 2019), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. While plaintiff’s allegations were, in the court’s words, “revolting” – including use of the words “black motherfucker” and “stupid nigger” – they were insufficiently demonstrative of a hostile work…
Read More Hostile Work Environment Claim Dismissed; Secondhand “Black Motherfucker” Comment, Among Others, InsufficientIn Ahmed v. American Museum of Natural History, 18-3295-cv, 2019 WL 5302824 (2d Cir. Oct. 21, 2019) (Summary Order), the court affirmed the dismissal (on summary judgment) of plaintiff’s retaliation claims. In sum, plaintiff asserted that defendants retaliated against him for objecting to sexual harassment that he witnessed, in violation of Title VII of the…
Read More Retaliation Claim, Based on Sexual Harassment Complaint, Dismissed Against American Museum of Natural HistoryIn Allen v. City of New York et al, 2019 WL 5450874 (SDNY Oct. 23, 2019), the court, inter alia, dismissed plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. This claim failed, held the court, because plaintiff failed to proffer an actionable “adverse employment action.” To survive a motion…
Read More Title VII Race Discrimination Claim Dismissed; Social Worker Plaintiff Failed to Allege an “Adverse Employment Action”In a recent decision, Colon v. St. John’s Riverside Hospital, 19-cv-5846 (SDNY Oct. 15, 2019), the court dismissed plaintiff’s race discrimination claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The court summarized the law: To state an employment discrimination claim under Title VII or § 1981, “a…
Read More Court Dismisses Race Discrimination Complaint; Offers Guidance For Amended ComplaintIn Wallace v. Esper, 18-cv-6525, 2019 WL 4805813 (S.D.N.Y. Sept. 30, 2019), the court, inter alia, denied plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: Wallace has also “ple[d] sufficient facts … to plausibly support a minimal inference of ‘but-for’ causality between [her] age” and these adverse…
Read More Attorney’s ADEA Age Discrimination Claim Survives DismissalIn Olaechea v. City of New York et al, 17-CV-4797, 2019 WL 4805846 (S.D.N.Y. Sept. 30, 2019), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. As to…
Read More Hostile Work Environment Claim Dismissed; Romantic Rumors Insufficient