Court: SDNY

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The court in Feliz v. Metropolitan Transportation Authority, 2017 WL 5593517 (S.D.N.Y. Nov. 17, 2017) dismissed plaintiff’s employment discrimination (failure-to-promote) case. In sum, the plaintiff (a Hispanic male Police Officer employed by the MTA Police Department) argued that he applied for, and was denied, an internal promotion as a result of discrimination on the basis…

Read More Court Dismisses MTA Police Officer’s Gender & National Origin Discrimination Claims as Insufficiently Pleaded
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In Kenney v. State of New York, Office of Children and Family Services, 16-cv-4522, 2017 WL 5633166 (S.D.N.Y. Nov. 20, 2017), the court dismissed plaintiff’s “quid pro quo” sexual harassment claim.[1]In the same opinion, the court denied defendants’ motion for summary judgment on plaintiff’s “hostile work environment” claim; I discussed that aspect of the decision…

Read More Court Dismisses “Quid Pro Quo” Sexual Harassment Claim; Tangible Employment Action Missing
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In Kenney v. State of New York, Office of Children and Family Services, 16-cv-4522, 2017 WL 5633166 (S.D.N.Y. Nov. 20, 2017), the court granted in part and denied in part defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. In sum, plaintiff asserted claims of “hostile work environment” and “quid pro quo” sexual harassment…

Read More Hostile Work Environment Claim, Arising From Conduct of Non-Supervisor Co-Worker, Survives Summary Judgment
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On November 18, 2017, a plaintiff filed a lawsuit (captioned Cater v. State of New York et al (SDNY 17-cv-9032 Nov. 18, 2017)) against the State of New York, the Empire State Development Corporation, Governor Andrew Cuomo, and William Ballard Hoyt a/k/a Samuel B. Hoyt, III. In it, plaintiff alleges, inter alia, that “Defendant Hoyt engaged in…

Read More Sexual Harassment, Discrimination, Retaliation Lawsuit Against New York State, Governor Cuomo, William Hoyt, et al
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In Garcia v. Barclays Capital, Inc., et al, 13-cv-5308, 2017 WL 5499789 (S.D.N.Y. Nov. 15, 2017), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s employment discrimination claims. The court reached this decision by, inter alia, applying the so-called “same actor inference.” That doctrine provides that “the person who made the decision to…

Read More Court Applies “Same Actor Inference” in Dismissing Latina Woman’s Employment Discrimination Claims Against Barclays
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In Chakraborty v. Valentina Soto & The Riverside Church, 16-cv-9128, 2017 WL 5157616 (S.D.N.Y. Nov. 6, 2017), the court explained and applied the “election of remedies” doctrines codified in the New York State and City Human Rights Laws. Specifically, it held that that doctrine deprived it of subject matter jurisdiction to hear plaintiff’s NYSHRL and NYCHRL…

Read More Broadly-Construed “Election of Remedies” Doctrine Operates to Deprive Federal Court of Subject-Matter Jurisdiction Over NYS and NYC Human Rights Law Claims
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In George v. Professional Disposables Int’l, Inc., 2017 WL 4574806 (S.D.N.Y., 2017), an employment discrimination case, the court denied defendant’s motion for reconsideration of the court’s denial of defendant’s motion for summary judgment. Plaintiff alleged that he was subjected to discrimination and a hostile work environment based on his race, color, and national origin in violation…

Read More Employment Discrimination Claims Continue; Court Denies Reconsideration of Summary Judgment Denial
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In Patrizia Pelgrift, et al., Plaintiffs, v. 335 W. 41st Tavern Inc., et al., Defendants. Additional Party Names: David Sheeran, Iryna Lutsenko, Valeriya Kolisnyk, 2017 WL 4712482, at *10 (S.D.N.Y., 2017), the court held, inter alia, that a default judgment on plaintiff’s sexual harassment claims was warranted. The court summarized the law as follows: Under…

Read More Sexual Harassment Default Judgment Warranted Under “Quid Pro Quo” and “Hostile Work Environment” Theories/Paradigms
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In Pouncy v. Advanced Focus LLC, 2017 WL 428094 (S.D.N.Y. Sept. 25, 2017), the court (inter alia) granted defendant’s motion for summary judgment on plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York City Human Rights Law.[1]I wrote about the court’s dismissal of plaintiff’s…

Read More Retaliation Claims Dismissed Due to Absence of “Protected Activity”; Plaintiff’s Complaints Were Unrelated to a Legally Protected Characteristic
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In Pouncy v. Advanced Focus LLC, 2017 WL 428094 (S.D.N.Y. Sept. 25, 2017), a race discrimination case, the court granted defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York City Human Rights Law (NYCHRL). As…

Read More Hostile Work Environment Was Not “Because Of” Race; Summary Judgment Granted to Defendant
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