Court: SDNY

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In Osby v. City of New York, 13-cv-8826, 2017 WL 4236563 (S.D.N.Y. Sept. 22, 2017), the court granted defendant’s motion under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, and dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act (ADA). To make out an ADA discrimination claim, plaintiff…

Read More ADA Disability Discrimination & Retaliation Claims Dismissed; Employer Actions Were Time-Barred, Not “Adverse Employment Actions”, or Were Not Undertaken Because of Discriminatory Animus
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From Mikolaenko v. New York University, 2017 WL 4174928 (S.D.N.Y. Sept. 7, 2017) (J. Batts): Defendant also moves to dismiss on the grounds that Plaintiff failed to exhaust her administrative remedies because she first included allegations of a quid pro quo sexual relationship in her Complaint and did not include related allegations in her EEOC…

Read More “Quid Pro Quo” Sexual Harassment Claim Was Sufficiently Presented to the EEOC, Court Holds
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In Mayo-Coleman v. American Sugars Holding, Inc., 14-cv-0079, 2017 WL 4157379 (S.D.N.Y. Sept. 18, 2017) (J. Crotty), the Southern District of New York (partially) adopted a Magistrate Judge’s Report & Recommendation to deny defendants’ motion for summary judgment on plaintiff’s hostile work environment/sexual harassment claim. The court summarized the law: Proof of a hostile work…

Read More Hostile Work Environment/Sexual Harassment Claim Survives Summary Judgment
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In Sefovic v. Memorial Sloan Kettering Cancer Center, 2017 WL 3668845 (S.D.N.Y. Aug. 23, 2017), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s claims under, inter alia, the Americans with Disabilities Act (ADA). In sum, defendant terminated plaintiff after he failed to return to work following medical leave. Specifically: “The undisputed facts establish…

Read More Disability Discrimination Claims Dismissed, in Light of Plaintiff’s Inability to Work
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In Weinstein v. City of New York, New York City Department of Sanitation, 2017 WL 3891699 (S.D.N.Y. Sept. 5, 2017), the court held that plaintiff sufficiently alleged discrimination based on his race and religion under Title VII of the Civil Rights Act of 1964, and race, religion, and disability under the New York City Human Rights…

Read More Sanitation Worker’s Race, Color, & Disability Discrimination Claims Survive Motion to Dismiss
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In Duarte v. St. Barnabas Hospital, 2017 WL 4082307, at *17 (S.D.N.Y. Sept. 13, 2017), the court held that material issues of fact precluded summary judgment for defendant on plaintiff’s disability and national origin-based hostile work environment claim. As to plaintiff’s hearing condition, the court noted: Here, Plaintiff has offered evidence that – during weekly…

Read More Accent- and Disability-Based Hostile Work Environment Claim Survives Summary Judgment
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In Arcos v. New School University, 2017 WL 3868495, at *7 (S.D.N.Y., 2017), the court upheld a jury verdict that plaintiff was subjected to discrimination based on his race and national origin (Cuban/Hispanic) under Title VII, § 1981, the NYSHRL, and the NYCHRL. In sum, plaintiff – a Cuban-born Hispanic man – was a faculty member at…

Read More Court Upholds Jury Verdict in Cuban Professor’s Favor on Employment Discrimination Claims
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In Allen v. A.R.E.B.A. Casriel, Inc., 2017 WL 4046127 (S.D.N.Y., 2017), the court held that plaintiff’s failure-to-accommodate-disability claim survived summary judgment.[1]The court dismissed, however, plaintiff’s claims of age and race discrimination. From the decision: Defendants concede that Plaintiff was disabled and that ACI was aware of Plaintiff’s macular degeneration. (Def. 56.1 ¶ 25). Defendants argue they…

Read More Failure to Accommodate Disability (Macular Degeneration) Claim Survives Summary Judgment
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In Butterfield-Bajinan v. City of New York, 2017 WL 4045175 (S.D.N.Y. Sept. 11, 2017), the court granted defendant’s motion to dismiss plaintiff’s Title VII race discrimination claim as insufficiently alleged. The court explained what a plaintiff asserting such a claim must allege: To survive a motion to dismiss, a complaint alleging employment discrimination under Title…

Read More Title VII Race Discrimination Claim Dismissed; Court Cites Lack of Alleged Racial Comments or Favorable Treatment of “Similarly Situated” Caucasian Employees
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In Percy v. The State of New York (Hudson Valley DDSO), Local 412 of the CSEA, Inc., Local 1000, AFSCME AFL-CIO, Basil Townsend, 264 F.Supp.3d 574, 585 (S.D.N.Y. 2017), the court explained: Courts are split on the question of whether rejecting unwanted sexual advances constitutes protected activity. See Little, 210 F. Supp. 2d at 385-86…

Read More Rejecting a Supervisor’s Sexual Advances is “Protected Activity” For Purposes of a Retaliation Claim, Court Holds
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