Court: SDNY

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In Valerio v. City of New York, 18-cv-11130, 2020 WL 353749 (S.D.N.Y. Jan. 21, 2020), the court, inter alia, held that plaintiff sufficiently alleged claims of employment discrimination – based on his national origin, race, and color – in violation of Title VII of the Civil Rights Act of 1964 and the New York State…

Read More NYPD Corrections Officer’s Title VII Disparate Treatment Claim Survives Dismissal; “Adverse Employment Action” Sufficiently Alleged
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In Vivian Xiang v. Eagle Enterprises, LLC, 19-cv-1752, 2020 WL 248941 (S.D.N.Y. January 16, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy discrimination claim, asserted under Title VII of the Civil Rights Act of 1964. The law, as summarized by the court: A plaintiff must plead sufficient facts to show that…

Read More Pregnancy Discrimination Claim Sufficiently Alleged
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In Ibrahim v. Fidelity Brokerage Services LLC, 19-CV-3821, 2020 WL 107104 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, held that plaintiff sufficiently alleged sexual harassment under the New York City Human Rights Law, codified at N.Y.C. Admin. Code § 8–107(1)(a) (NYCHRL). The court’s decision nicely summarizes the present state of the law regarding how…

Read More Sexual Harassment Claims Sufficiently Alleged Against Fidelity Brokerage Services, Court Holds
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In Bermudez v. Bon Secours Charity Health System and Theresa Krell, 2020 WL 104992 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual harassment (hostile work environment) claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In this…

Read More Sexual Harassment Allegations May Proceed, For Now, Under the Continuing Violations Doctrine
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In Holmes v. YMCA of Yonkers, Inc., 19 CV 620 (VB), 2020 WL 85389 (SDNY Jan. 7, 2020), the court held, inter alia, that plaintiff sufficiently alleged employment discrimination based on gender (under Title VII of the Civil Rights Act of 1964) and age (under the Age Discrimination in Employment Act). The court summarized the…

Read More Title VII and ADEA Discrimination Claims Sufficiently Alleged; Complaint, While “Sparse”, Held Sufficient
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In Adeniji v. U.S. Department of Commerce/Census Bureau-NY Regional Office/Hannah Zimmerman, 2019 WL 7067057 (S.D.N.Y. Dec. 23, 2019), the court dismissed plaintiff’s race discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. As to plaintiff’s discrimination claim, the court explained: To state an employment discrimination claim under Title VII,…

Read More Title VII Discrimination Claim Insufficiently Alleged, Court Holds
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In Schaper v. Bronx Lebanon Hospital Center, 2019 WL 7102144 (S.D.N.Y. Dec. 20, 2019), the court granted plaintiff’s motion for leave to file an amended complaint asserting, in addition to claims of hostile work environment and retaliation, a claim of disparate treatment. On September 30, 2019, the court denied defendants’ motion for summary judgment, noting…

Read More Plaintiff Granted Leave to Amend Complaint to Add Claim of Disparate Treatment
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In Scalercio-Isenberg v. Morgan Stanley Services Group Inc., 2019 WL 6916099 (S.D.N.Y. Dec. 19, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire gender discrimination under Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff] has failed to make out a prima facie case that she suffered age or gender discrimination when…

Read More Failure-to-Hire Gender Discrimination Claim Dismissed Against Morgan Stanley
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In Singh v. Memorial Sloan Kettering Cancer Center et al, 2019 WL 6977106 (S.D.N.Y. Dec. 20, 2019), the court, inter alia, dismissed plaintiff’s claims of civil battery and intentional infliction of emotional distress as against various entities, finding that the doctrine of respondeat did not apply. From the decision: These two causes of action concern…

Read More Sexual Misconduct Claim Not Imputed Under Respondeat Superior
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A recent case, Lopez v. Uno Express Cleaners Inc., 18-cv-10737, 2019 WL 6873796 (SDNY Dec. 17, 2019), illustrates how courts evaluate settlement agreements under the Fair Labor Standards Act (FLSA), as mandated by the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). In this case, plaintiff, who was…

Read More FLSA Settlement Rejected in Light of Overbroad Release
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