Court: SDNY

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In Jain v. Tokio Marine Management Inc., 2018 WL 4636842, (S.D.N.Y. Sept. 27, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination (promotion denial and termination). In sum, plaintiff – of Indian descent – asserted claims of discriminatory failure to promote, discriminatory termination, retaliatory failure to promote, and retaliatory…

Read More Race/National Origin Discrimination Case Survives Summary Judgment
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In Alexander v. Possible Productions, Inc., 17-cv-5532, 2018 WL 4804638 (S.D.N.Y. Oct. 4, 2018), the court denied defendants’ motion to dismiss plaintiff’s claims of retaliation and sex-based discrimination/sexual harassment. In sum, plaintiff – who was employed by Showtime as a body double for the character Alison on the TV show “The Affair” – alleges that…

Read More Body Double’s Sexual Harassment Claims Survive Dismissal, Not Subject to Arbitration
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From Kho v. New York and Presbyterian Hospital, 2018 WL 4759739 (S.D.N.Y. Sept. 30, 2018): The Hospital is entitled to summary judgment on Kho’s hostile work environment claims. These claims appear predicated on: (1) Holmes’ [plaintiff’s manager] comments regarding Kho’s accent and (2) occasions on which Holmes allegedly yelled at Kho. [T]he Court declines to…

Read More Court Explains Dismissal of Plaintiff’s Accent-Based Hostile Work Environment Claim
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From Gebrial Rasmy, Plaintiff, v. Marriott International, Inc., d/b/a JW Marriott Essex House Hotel, et al., Defendants., 2018 WL 4682231 (S.D.N.Y. Sept. 28, 2018): Plaintiff writes in his opposition brief that Efstratiou would tell Plaintiff, who he knew to be a devout Christian, that “God is garbage” and “Religions [are] for the stupid people,” but…

Read More Court Dismisses Christian’s “Anti-Religion” Discrimination/Hostile Work Environment Claim; Comments Not Made Directly to Plaintiff Deemed “Stray Remarks”
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In Gilani v. Hewlett-Packard Company, 15-CV-5609, 2018 WL 4374002 (S.D.N.Y. Sept. 12, 2018), the court addressed the issue of whether Hewlett-Packard was plaintiff’s “employer” for purposes of Title VII and the ADEA. Plaintiff was, pursuant to employment contract, “formally” employed by a company called Insight Global and worked at an HP location. Because of the…

Read More “Temporary” Employee May Pursue Discrimination Claims Against HP
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From Casarella v. New York State Department of Transportation, 2018 WL 4372674 (S.D.N.Y. Sept. 13, 2018): Plaintiff has sufficiently alleged he is part of a protected class and that he was qualified for his position to satisfy the motion to dismiss standard. (Compl. ¶¶ 25–29.) However, whether Plaintiff sufficiently alleged that he was subject to…

Read More Plaintiff Plausibly Alleges Title VII National Origin Discrimination Claim
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In Calise v. New York State Department of Motor Vehicles, 17-cv-791, 2018 WL 4350247 (S.D.N.Y. Sept. 12, 2018), plaintiff, a white woman, asserted claims of race discrimination – based on alleged mistreatment by her boss, who is black – under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, 42 U.S.C.…

Read More Employment Discrimination Claims Against NYS Dept. Motor Vehicles Dismissed on Sovereign Immunity (Eleventh Amendment) Grounds
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In a recent Southern District case, Dickinson v. City University of New York, 2018 WL 4333986 (S.D.N.Y. Sept. 11, 2018), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s age discrimination claim against the City University of New York.[1]Plaintiff also asserted claims of gender discrimination, retaliation, and hostile work environment; here I…

Read More Age Discrimination Claim Against CUNY Survives Summary Judgment
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In Garcia v. Yonkers Board of Education, 2018 WL 4007648 (S.D.N.Y. Aug. 21, 2018), the court, inter alia, dismissed plaintiff’s retaliation complaint. Plaintiff alleged that she was terminated in retaliation for her complaints of sexual harassment. Applying the McDonnell-Douglas burden-shifting framework, the court held that plaintiff could not establish a prima facie case, and even if she…

Read More Retaliation Claim Based on Sexual Harassment Complaints Dismissed; Court Cites Intervening Causes, Severing the Chain of Causation
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In Garcia v. The Comprehensive Center, LLC et al, 17-CV-8970, 2018 WL 3918180 (S.D.N.Y. Aug.16, 2018), the court, inter alia, granted plaintiff’s motion for default judgment on her race and gender discrimination (constructive discharge) claims. Plaintiff’s allegations are, to say the least, shocking: For the last two years of her employment, Garcia suffered increasingly abusive treatment…

Read More Default Judgment Granted as to Race, Gender Discrimination (Constructive Discharge) Claims
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