Court: SDNY

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In Lam v. New York City Department of Education, 18-cv-2756, 2019 WL 2327655, (S.D.N.Y. May 30, 2019), the court, inter alia, dismissed plaintiff’s Americans with Disabilities-based hostile work environment claim under Federal Rule of Civil Procedure 12(b)(6). In this case, plaintiff, a special education teacher, alleges that she suffers from anxiety, depression, degenerative spine or…

Read More Disability-Based Hostile Work Environment Claim Against NYCDOE Dismissed
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In Hindi and Aljader v. The Port Authority of New York and New Jersey, 14-cv-8984, 2019 WL 2325969 (SDNY May 30, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiffs’ religion- and national origin-based hostile work environment claims. Plaintiffs’ allegations included having a picture of one’s face superimposed onto a picture…

Read More Hostile Work Environment Claim Dismissed; “Al-Qaeda” and Other Remarks Not “Severe” or “Pervasive”
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In Tsismentzoglou v. Milos Estiatorio Inc., 18-cv-9664, 2019 WL 2287902 (SDNY May 29, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination claim under the Age Discrimination in Employment Act of 1967 (ADEA). From the decision: Plaintiff has not shown circumstances giving rise to even a minimal inference of discrimination, however, Tsismentzoglou does not provide…

Read More Age Discrimination Claim Dismissed; Court Finds “Young Man’s Game” Comment To Be a “Stray Remark”
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In Simon v. City of New York, 17-cv-9575, 2019 WL 916767 (S.D.N.Y. Feb. 14, 2019), the court, inter alia, dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA) because she did not sufficiently allege an “adverse employment action.” Specifically, this decision is instructive as to whether and to what extent a schedule…

Read More ADA Disability Discrimination Claim Dismissed; Schedule Change Was Not an “Adverse Employment Action”
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In Martin v. New York State et al, 17-cv-9721, 2019 WL 2053992 (S.D.N.Y. May 9, 2019), the court, inter alia, dismissed plaintiff’s sexual harassment claim based on the conduct of a non “supervisor.” The court’s decision turned on that branch of the law providing that “[w]hen the harassment is perpetrated by a non-supervisory coworker, an…

Read More Court Dismisses Sexual Harassment Claim Based on Conduct By Non-Supervisor
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In Barbini v. First Niagara Bank, N.A., 16-cv-7887, 2019 WL 1922041 (S.D.N.Y. April 29, 2019), the court held, inter alia, that defendant waived the attorney-client privilege in connection with asserting the Faragher/Ellerth defense to plaintiffs’ sexual harassment claims. Under that defendant may escape liability if it can show two things, namely, (1) the employer exercised reasonable care…

Read More Invocation of Faragher/Ellerth Defense in Sexual Harassment Case Waives Attorney-Client Privilege, Court Finds
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In Torres v. City of New York, 2019 WL 1765223 (S.D.N.Y. April 22, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination and hostile work environment claims. From the decision: The Complaint describes two incidents in which Chu made disparaging remarks in Plaintiff’s presence over the course of two years. The first incident occurred in…

Read More Court Dismisses NYPD Officer’s Discrimination, Hostile Work Environment Claims
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From Felder v. United States Tennis Association, 2019 WL 1517511, at *3 (S.D.N.Y. April 8, 2019): To succeed on a hostile work environment claim, a plaintiff must show that “the workplace was so severely permeated with discriminatory intimidation, ridicule, and insult that the terms and conditions of her employment was thereby altered.” Alfano v. Costello,…

Read More Hostile Work Environment Claim Dismissed; Doctrine Inapplicable Where Plaintiff Was Not Hired
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In Doe v. Solera Capital LLC, 18-cv-1769, 2019 WL 1437520 (S.D.N.Y. March 31, 2019) – in which plaintiff alleges employment discrimination and a hostile work environment on the basis of race and plaintiff’s status of a survivor of domestic violence, retaliation, and failure to pay overtime – the court, inter alia, dismissed defendant’s counterclaim alleging…

Read More “Faithless Servant” Counterclaim Dismissed; Alleged Wrongdoing Insufficient
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