Court: SDNY

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In Assue v. UPS, INC., 2018 WL 3849843 (S.D.N.Y. 2018), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s race discrimination claims. From the decision: Plaintiff also attempts to raise an inference of discrimination by pointing to his purportedly unfair assignments and the denial of a work-issue laptop and encrypted USB flash drive.16 Any…

Read More Race Discrimination Claim Dismissed; Subjective Belief Insufficient; Alleged Harasser Was an “Equal Opportunity Offender”
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In Keaton v. Unique People Services, Inc., 15-cv-5354, 2018 WL 3708658 (S.D.N.Y., 2018), the court granted defendants’ (unopposed) motion for summary judgment motion and dismissed plaintiff’s employment discrimination claim under Title VII of the Civil Rights Act of 1964, finding that the persons to whom plaintiff sought to compare herself were not “similarly situated” to…

Read More Title VII Discrimination Claim Dismissed; Comparators Were Not “Similarly Situated” to Plaintiff
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In McLeod v. General Vision Services, Inc. et al, 13-cv-6824, 2018 WL 3745662 (S.D.N.Y. Aug. 6, 2018), the court, inter alia, denied defendants’ motion on plaintiff’s race- and age-based hostile work environment claims. The court noted – in the portion of the decision where it assessed plaintiff’s race discrimination claims[1]The court dismissed plaintiff’s race discrimination claims…

Read More Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racial Epithets
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In Mohan v. City of New York et al, 17-cv-3820, 2018 WL 3711821 (SDNY Aug. 3, 2018), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. The court began by reciting the well-established “black letter” law applicable to hostile work environment claims: A hostile work environment claim is composed of a series of separate acts…

Read More Hostile Work Environment Claim Dismissed; Secondhand Knowledge of “Black Guy” Comment Insufficient
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From LISETTE PAULSON, Plaintiff, v. TIDAL, ROC NATION, DESIREE PEREZ, JOSEPH BORRINO, and DOES 1-10, Inclusive, Defendants., 16-cv-9049, 2018 WL 3432166 (S.D.N.Y. July 18, 2018): Paulson alleges that Tidal discriminated against her in violation of Title VII. (Am. Compl. ¶ 29.) A plaintiff bringing a Title VII employment discrimination lawsuit must allege that (i) she is…

Read More Title VII Pregnancy Discrimination Claim Sufficiently Stated Against Tidal et al
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In Abreu et al v. Fairway Market LLC et al, 17-cv-9532, 2018 WL 3579107 (S.D.N.Y. July 24, 2018), the court granted defendants’ motion to compel arbitration of plaintiffs’ employment discrimination claims under the  Federal Arbitration Act, 9 U.S.C. § 1 et seq. In this case, plaintiffs alleged “that Fairway Market and its employees discriminated and…

Read More Court Grants Motion to Compel Arbitration; Economic Duress Argument Rejected
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In Saber v. New York State Department of Financial Services, 15-cv-5944, 2018 WL 3491695 (S.D.N.Y. July 20, 2018), the court held that the jury’s $2.5 million verdict was excessive, and held that $125k was more appropriate. The court summarized the evidence of emotional distress as follows: At the trial, Plaintiff testified that he felt “extremely…

Read More Court Remits $2.5 Million Emotional Distress Jury Award to $125,000 in Discrimination Case
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In Saber v. New York State Department of Financial Services, 15-cv-5944, 2018 WL 3491695 (S.D.N.Y. July 20, 2018), the court, inter alia, upheld a jury verdict that defendant discriminated against plaintiff – by not promoting him – because of his national origin (Iranian). Among the evidence of discrimination was a comment that plaintiff was “hiding yellow…

Read More Court Upholds Jury’s Finding for Plaintiff on National Origin Discrimination Claim
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In Ray v. New York State Insurance Fund, 16-cv-2895, 2018 WL 3475467 (S.D.N.Y. July 18, 2018), the court, inter alia, dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964 because the plaintiff did not “exhaust administrative remedies.” The court summarized the law: “[E]xhaustion of administrative remedies through the EEOC…

Read More Hostile Work Environment Claim Dismissed Due to Lack of Administrative Exhaustion
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