In Chau v. Granger Management LLC et al, 357 F. Supp. 3d 276, 2019 WL 120766 (S.D.N.Y. Jan. 7, 2019), the court, inter alia, held that a non-NYC resident met the “geographic” requirement of the the NYC Human Rights Law (NYCHRL). The court explained the black-letter law: “In order for a nonresident to invoke the…
Read More Sexual Harassment Plaintiff Meets “Impact” Test of NYC Human Rights Law, Court HoldsIn Morrison v. United Parcel Service, Inc., 17-CV-2885, 2019 WL 109401 (S.D.N.Y. Jan. 4, 2019), the court, inter alia, granted defendant UPS’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. From Judge Pauley’s opinion: Even drawing all inferences in Morrison’s favor, he does not establish a pattern of behavior meeting § 1981…
Read More Race-Based Hostile Work Environment Claim Dismissed Against UPSIn Geffner v. Quanta Services, Inc., 2018 WL 6807388 (S.D.N.Y. 2018), the court, inter alia, found that plaintiff failed to state claim(s) of employment discrimination – based, e.g., on his religion – against his supervisor (Austin). The decision is instructive as to how and when individual liability for employment discrimination may be imposed under 42…
Read More Employment Discrimination Claims Not Stated Against Individual Supervisor, SDNY HoldsIn Roskin-Frazee v. Columbia University, 17-CV-2032, 2018 WL 6523721 (S.D.N.Y. Nov. 26, 2018), the court dismissed plaintiff’s claim under Title IX of the United States Education Amendments of 1972, 20 U.S.C. § 1681(a) (and state causes of action) against Columbia University. In this case, plaintiff alleged “that Defendant created a culture of sexual hostility on…
Read More Student-on-Student Sexual Harassment Title IX Claim Dismissed Against ColumbiaIn Duarte v. St. Barnabas Hospital, 15-CV-6824, 2018 WL 4440501 (S.D.N.Y. Sept. 17, 2018) – a disability discrimination case – the court held, inter alia, that a jury award of $750,000 for punitive damages was too high, and that $125,000 was more appropriate. The court explained, inter alia, that “[u]nder the [New York City Human Rights…
Read More Court Explains Remittitur of $750,000 Punitive Damages Award in Disability Discrimination CaseIn Duarte v. St. Barnabas Hospital, 15-CV-6824, 2018 WL 4440501 (S.D.N.Y. Sept. 17, 2018) – a disability discrimination case – the court held, inter alia, that a jury award of $624,000 for compensatory/emotional distress damages was too high, and that $125,000 was more appropriate. To do this, the court employed the procedural mechanism of “remittitur.” After explaining…
Read More Court Explains Remittitur of $624,000 Emotional Distress Damages Award to $125,000 in Disability Discrimination CaseIn Martin v. City University of New York, 2018 WL 6510805 (S.D.N.Y. Dec. 11, 2018), the court, inter alia, rejected defendants’ argument that plaintiff is precluded from litigating his § 1981 claims in the instant action, because plaintiff presented those allegations to the New York State Division of Human Rights (SDHR), which rejected them on the merits.…
Read More Court Finds That “No Probable Cause” Determination Did Not Preclude Litigation of § 1981 Race Discrimination Claim in CourtIn Triana v. Sodexo, Inc., 2018 WL 6413151, at *7 (S.D.N.Y., 2018), the court, inter alia, dismissed plaintiff’s First Amendment retaliation claim. The court provides the following summary of the relevant law: Where a plaintiff claims that he or she was retaliated against in violation of the First Amendment, he or she must demonstrate that “(1)…
Read More First Amendment Retaliation Claim DismissedIn Yu v. City of New York et al, 17-CV-7327, 2018 WL 6250659 (S.D.N.Y. Nov. 29, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claims. It summarized the well-established legal standard: To bring a hostile work environment claim under federal or state law, a plaintiff must allege facts from which a court can…
Read More Hostile Work Environment Claims Dismissed; “Asian Girl” Comment InsufficientIn McPartlan-Hurson v. Westchester Community College, 13-CV-2467, 2018 WL 5801057 (S.D.N.Y. Nov. 5, 2018), the court held that evidence pertaining to plaintiff’s (dismissed) discrimination claims was relevant, and admissible, on her retaliation claim under Title VII of the Civil Rights Act of 1964. The law, as summarized by the court: To make out a claim of…
Read More Discrimination Evidence Ruled Admissible on the Issue of Retaliation