Court: SDNY

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In Capek v. BNY Mellon, N.A., No. 15-cv-4155, 2016 WL 2993211 (S.D.N.Y. May 23, 2016) the court denied defendant’s motion to dismiss plaintiff’s race and religious discrimination claims. Plaintiff alleged in her federal court complaint, e.g., that “[i]n the mistaken belief that [she] is Jewish, she was required by her managers to cultivate clients in…

Read More Work Assignments Based on Perceived Jewish Faith Supports Race/Religious Discrimination Claims, Court Holds
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In Garcia v. Yonkers Bd. of Educ., No. 15 CIV. 0767 (NSR), 2016 WL 3064116 (S.D.N.Y. May 27, 2016), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s sexual harassment and retaliation claims. In this case, plaintiff (a high school mathematics teacher) alleged in her federal court complaint that she…

Read More Math Teacher’s Retaliation Claim, Arising From Sexual Harassment Complaint, Survives Dismissal
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In Tulino v. City of New York, No. 15-CV-7106 (JMF), 2016 WL 2967847 (S.D.N.Y. May 19, 2016), the court held that plaintiff sufficiently alleged a gender-based hostile work environment claim under the NYC Human Rights Law. In her amended complaint, plaintiff alleged (among other things) that defendant “created and perpetuated a culture that essentially required female…

Read More Plaintiff States Hostile Work Environment Sexual Harassment Claim; Alleges She Was Called a “Slut” and “Dick Climber”
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In Goodwine v. City of New York, No. 15-CV-2868 (JMF), 2016 WL 3017398 (S.D.N.Y. May 23, 2016), the court denied defendants’ FRCP 12(b)(6) motion to dismiss plaintiff’s retaliation and gender/race disparate treatment claims. Plaintiff, an African American woman employed by the NYC Dept. of Information & Telecommunications, sufficiently alleged retaliation by alleging that (1) she…

Read More Plaintiff Sufficiently Alleges Retaliation and Gender/Race Discrimination (But Not Hostile Work Environment)
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In Kasiotakis v. Macy’s Retail Holdings, Inc., No. 14 CIV. 462 CM, 2015 WL 6125356 (S.D.N.Y. Oct. 16, 2015), the court granted defendant Macy’s motion for summary judgment as to plaintiff’s national origin discrimination complaint. The court explained that plaintiff failed to prove “pretext” as part of the burden-shifting analysis as provided for by  McDonnell…

Read More Greek Ancestry Not Connected to Termination; Discrimination Case Dismissed
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In addition to being difficult to prove, employment discrimination cases are riddled with procedural minefields. One wrong step, and boom: your case is over. A recent decision, Miller v. St. Luke’s Roosevelt Hosp. Ctr. d/b/a Mount Sinai Roosevelt Hosp., No. 15-cv-7019, 2016 WL 1275066 (S.D.N.Y. Apr. 1, 2016), illustrates that in the law, seemingly mundane…

Read More Checking Wrong EEOC Box Results in Dismissal of Claim as Time-Barred
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In Edwards v. Khalil, No. 12 CIV. 8442 (JCM), 2016 WL 1312149 (S.D.N.Y. Mar. 31, 2016), the court held (among other things) that plaintiff (a female police officer) presented enough evidence to survive summary judgment on her claims of gender discrimination under Title VII and 42 U.S.C. § 1983. From the decision: On the basis…

Read More Title VII Gender Discrimination Claim Survives Summary Judgment; Plaintiff Presented Evidence That Female Plaintiff Was Disciplined More Harshly Than Similarly-Situated Male Workers
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A recent Southern District case, Moore v. Verizon, No. 13-CV-6467 (RJS), 2016 WL 825001 (S.D.N.Y. Feb. 5, 2016), illustrates that the New York City Human Rights Law – while the broadest of the anti-discrimination statutes protecting New York City employees and residents – is not of unlimited breadth. Here, plaintiff (a 62 year-old African American…

Read More Two Age-Related Comments Insufficient to Establish Liability Under the NYC Human Rights Law, Court Holds
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In Salem v. Royal Air Maroc, No. 15-CV-5909 (KBF), 2016 WL 1717219, (S.D.N.Y. Apr. 28, 2016), the Southern District of New York dismissed plaintiff’s claims of discrimination occurring in Egypt, arising from conduct by agents of a foreign entity (Royal Air Maroc). Judge Forrest held that “neither federal nor state and local discrimination laws protect [plaintiff] against…

Read More Discrimination Claims Arising From Conduct Outside U.S. Dismissed
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Motta v. Glob. Contract Servs. Inc., No. 15 CIV. 8555 (LGS), 2016 WL 1611489 (S.D.N.Y. Apr. 21, 2016) is instructive on the “aiding and abetting” liability provisions of the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). Plaintiffs worked as call center representatives at Global Contract Services, Inc.…

Read More Access-A-Ride Call Center Employees Fail to Sufficiently Allege “Aiding and Abetting” Discrimination, Sexual Harassment, Hostile Work Environment, and Retaliation Claims Against the NYCTA and MTA
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