In Nezaj v. PS450 Bar and Restaurant et al, 22 Civ. 8494 (PAE), 2024 WL 815996 (S.D.N.Y. Feb. 27, 2024), the court, inter alia, held that plaintiff plausibly alleged a claim of gender discrimination under the New York City Human Rights Law. In this case, plaintiff (a gay woman) alleges that defendants subjected her to…
Read More PS450 Events Manager Sufficiently Alleges Gender DiscriminationIn Brown v. Cnty. of Westchester, 22-CV-06146 (PMH), 2024 WL 21937 (S.D.N.Y. Jan. 2, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race discrimination, sex/gender discrimination, and hostile work environment (but only as to timely conduct). From the decision: To establish a prima facie case of discrimination under Title VII…
Read More Title VII Race Discrimination Claim Survives Dismissal; Sexual Harassment Claim Dismissed as Time-BarredIn Murillo-Roman v. Pension Boards – United Church of Christ, Case No. 1:22-cv-08365 (JLR), 2024 WL 246018 (S.D.N.Y. Jan. 23, 2024), the court, inter alia, held that plaintiff sufficiently alleged claims of employment discrimination. The court discussed and applied the law as follows: Plaintiff’s claims of race and national-origin discrimination under Title VII and Section…
Read More Title VII Race, National Origin Discriminatory Termination Claims Survive DismissalIn Weaver v. Bloomberg L.P., 22 Civ. 8201 (PAE), 2024 WL 693166 (S.D.N.Y. Feb. 20, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claims of race-based employment discrimination (termination). This case illustrates how courts apply the three-step McDonnell Douglas burden-shifting framework when analyzing discrimination claims. From the decision: The Court finds that…
Read More Race-Based Termination Claim Survives Summary Judgment Against Bloomberg L.P.In Banks v. McGlynn, Hays & Co., Inc., No. 1:19-cv-05727 (JLR) (RWL), 2024 WL 689145 (S.D.N.Y. Feb. 20, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. From the decision: Plaintiff points to the text message, the music event, and the car…
Read More Race-Based Hostile Work Environment Claim Dismissed, Notwithstanding “Rigger” CommentIn Elgalad v. New York City Department of Education, et al., 2024 WL 621617 (S.D.N.Y. Feb. 14, 2024), the court, inter alia, denied defendants’ motion for summary judgment on his retaliation claims asserted under the New York State and City Human Rights Laws. After summarizing the “black letter” law as to this claim, the court…
Read More Teacher’s Retaliation Claims Survive Summary Judgment, in PartIn Dobney v. The Walt Disney Company et al, 23-CV-5380 (JPO), 2024 WL 325336 (S.D.N.Y. Jan. 29, 2024), the court denied defendants’ motion to dismiss plaintiff’s various discrimination claims – including disparate treatment and constructive discharge – under the New York State and City Human Rights Laws. From the decision: First, Dobney sufficiently pleads a…
Read More Race Discrimination Claims Sufficiently Alleged; Allegations Include Burdens, Assignment of Disproportionately Heavy Workload, and Constructive DischargeIn Herrera et al v. New York City Department of Education et al, 1:21-cv-7555-MKV, 2024 WL 245960 (S.D.N.Y. Jan. 23, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiffs’ (who are white) race-based discrimination claim asserted under 42 U.S.C. § 1983. In sum, as summarized by the court, “[p]laintiffs are white…
Read More Race Discrimination Claim Survives Summary Judgment Against NYC Department of EducationIn Mitura v. Finco Services, Inc. et al, 23-CV-2879 (VEC), 2024 WL 232323 (S.D.N.Y. Jan. 22, 2024), the court, inter alia, held that plaintiff sufficiently alleged an “interference” claim under the New York City Human Rights Law. From the decision: The NYCHRL makes it unlawful “to coerce, intimidate, threaten or interfere with, … any person…
Read More NYC Human Rights Law “Interference” Claim Survives DismissalIn Eliav v. Roosevelt Island Operating Corporation et al, 2024 WL 196477 (S.D.N.Y. Jan. 18 2024), the court, inter alia, held that plaintiff failed to allege a religion-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has adequately alleged that he subjectively perceived the work…
Read More Hostile Work Environment Claims Dismissed; Comments Deemed “Petty Slights”