D Motion for Summary Judgment Denied (Employment Discrimination/Pretext)

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In Blackman v. Metropolitan Transit Authority, NYC Transit Authority et al, No. 2019-09440, Index 502489, 2022 WL 1760133 (N.Y.A.D. 2 Dept. June 01, 2022), the court, inter alia, held that the lower court properly denied defendants’ motions for summary judgment on plaintiff’s race-based failure-to-hire and failure-to-promote claims asserted under the New York State and City…

Read More Discriminatory Hiring, Promotion Claims Survive Summary Judgment Against NYC Transit Authority
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In Olin v. Rochester City School District, 2022 WL 967707 (W.D.N.Y. March 31, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In evaluating plaintiff’s discriminatory-demotion claims, the court applied the…

Read More Gender-Based Discriminatory-Demotion Claim, Arising From Alleged “Selective Enforcement” of Lunch Break Regulation, Survives Summary Judgment
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In Bautista v. Chanel, Inc., 20 Civ. 4676, 2022 WL 374496 (SDNY Feb. 8, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race and national origin discrimination asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The court…

Read More Race, National Origin Discrimination Claims Against Chanel Survive Summary Judgment; Evidence Included Derogatory Comments About Speaking Spanish
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In Milord-Francois v. New York State Office of the Medicaid Inspector General et al, No. 20-3646-cv, 2022 WL 480477 (2d Cir. Feb. 17, 2022), the court, inter alia, vacated the district court’s award of summary judgment on plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. From the decision: Milord-Francois…

Read More Race-Based “Pretext” Employment Discrimination Claim Survives Summary Judgment
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In a recent case, Kengerski v. Orlando Harper; County of Allegheny, 2021 WL 3199225 (3d Cir. July 29, 2021), the U.S. Court of Appeals for the Third Circuit revived the plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to the claim for so-called “associational…

Read More Title VII “Race-Association” Retaliation Claim, Arising From “Monkey” Comment, Improperly Dismissed on Summary Judgment, Third Circuit Holds
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In Gerald v. DCV Holdings, Inc., et al, 17-CV-6525, 2021 WL 2809915 (E.D.N.Y. July 6, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State Human Rights Law, and…

Read More Race Discrimination Claims Survive Summary Judgment; Court Notes Evidence of Decades-Long Egregious Discrimination, Abuse, and Racist Language
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In Kane v. Club Helsinki, 18-cv-01355, 2021 WL 2457150 (N.D.N.Y. June 16, 2021), the court denied defendants’ motion to dismiss plaintiff’s quid pro quo sexual harassment claim. In sum, plaintiff, a bartender, alleges that after he rebuffing sexual advances from defendant’s director of operations (Sullivan), his hours were cut and he was terminated. The court…

Read More Quid Pro Quo Sexual Harassment Claim Against Club Helsinki Survives Summary Judgment; Inconsistent Reasons For Termination Created Triable Issues of Fact as to Pretext
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In Abdelal v. Police Commissioner Raymond W. Kelly, City of New York, No. 20-1436, 2021 WL 2025173 (2d Cir. May 21, 2021) (Summary Order) (Walker, Leval, Chin), the court vacated the lower court’s order granting defendants’ motion for summary judgment on plaintiff’s claims of discrimination based on his Egyptian national origin, Middle Eastern ancestry, and…

Read More Egyptian / Middle Eastern / Muslim Plaintiff’s Discrimination Claim Survives Summary Judgment
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In Ramos v. Metro-North Commuter Railroad et al, 2021 WL 1740644 (N.Y.A.D. 1 Dept., May 04, 2021), the court held that plaintiff presented enough evidence to defeat defendants’ motion for summary judgment on plaintiff’s claims of discriminatory termination, failure to accommodate, hostile work environment, and retaliation. As to plaintiff’s wrongful termination claim, the court held…

Read More Disability Discrimination, Hostile Work Environment, Retaliation Claims Survive Against Metro-North
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In Saborit v. Harlem Hospital Center Auxiliary, Inc., et al, 19-cv-4686, 2021 WL 1063241 (S.D.N.Y. March 19, 2021), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Lewis Liman) denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act,…

Read More HIV+ Plaintiff’s Disability Discrimination Claims Survive Summary Judgment Against Harlem Hospital Center
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