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

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In Hatzimihalis v. SMBC Nikko Securities America, Inc. et al, 20 Civ. 8037 (JPC), 2023 WL 3764823 (S.D.N.Y. June 1, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based pay discrimination claims under the New York City Human Rights Law and the post-amendment New York State Human Rights Law claims. This decision…

Read More Sex-Based Discrimination / Pay Disparity Claims Survive in Part
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In Rysak v. Ferro Corporation, Civil Action No. 22-2311, 2023 WL 3138937 (E.D.Pa. April 28, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. Initially, there was no question that plaintiff made out a prima facie case of age discrimination; specifically, she was…

Read More Age Discrimination Claim Survives Summary Judgment; Performance Issues Not Raised Until After Termination
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In Gregorian v. New York Life Insurance Company, No. 2019-10749, 34349/05, 2022 N.Y. Slip Op. 06917, 2022 WL 17480742 (N.Y.A.D. 2 Dept., Dec. 07, 2022), the court reversed the lower court’s summary judgment dismissal. From the decision: Here, the Supreme Court properly determined that Gregorian set forth a prima facie case of age discrimination (see…

Read More Age Discrimination Claims Survive Summary Judgment Against New York Life Insurance Company
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In Downey v. Monro, Inc., 1:20-CV-1505 (TJM/ML), 2022 WL 17093421 (N.D.N.Y. Nov. 21, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation. On the issue of pretext, the court explained: Here, Defendant argues that none of the decisionmakers regarding Plaintiff’s termination were aware of any age-based comments that…

Read More Retaliation Claim, Based on Complaints of Age Discrimination, Survives Summary Judgment
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In Alhaj v New York City Health and Hospitals Corporation, No. 501052/2016, 2022 N.Y. Slip Op. 22318, 2022 WL 7256572 (N.Y. Sup. Ct. Kings Cty. Oct. 10, 2022), the court denied defendant’s motion for summary judgment on plaintiff’s race, national origin, and religion-based discrimination claims. From the decision: This court finds that Chaikin’s comment that…

Read More Citing 9/11 Comment, Court Denies Summary Judgment on Discrimination Claim Asserted by Syrian Muslim Plaintiff
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In Lebowitz et al v. New York City Dept. of Educ., No. 526062/20, 2022 WL 4357086 (N.Y. Sup Ct, Kings County Sep. 16, 2022), the court, inter alia, denied defendant’s motion for summary judgment as to two Sheepshead Bay High School teachers. After concluding that summary judgment was warranted on one teacher’s claims, it reached…

Read More Age Discrimination Claims, Based on Statistical Evidence, Survives Summary Judgment Against the NYC Dept. of Education
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In Shkolnikova v. DeJoy, 18-CV-6400 (MKB), 2022 WL 3358077 (E.D.N.Y. August 15, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of pregnancy discrimination asserted under Title VII of the Civil Rights Act of 1964. Applying the McDonnell-Douglas burden-shifting framework, the court found that plaintiff presented a prima facie case…

Read More Assistant Mail Carrier’s Pregnancy Discrimination Claim Survives Summary Judgment
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In Bell v. SL Green Realty Corp., 19 Civ. 8153 (LGS), 2022 WL 2819054 (S.D.N.Y. July 19, 2022), the court, inter alia, denied defendant’s motion for summary judgment dismissing plaintiff’s claim of race-based discriminatory termination asserted under 42 U.S.C. § 1981. As to that claim, the court applied the well-known 3-step burden-shifting framework, derived from…

Read More Section 1981 Race Discrimination Claim, Asserted by HIspanic Plaintiff, Survives Summary Judgment Against SL Green Realty Corp.
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In Zdanowitz v. Queens-Long Island Medical Group, P.C., No. 159574/2017, 2022 WL 2387853, 2022 N.Y. Slip Op. 32050(U) (N.Y. Sup Ct, New York County July 01, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of age discrimination asserted under the New York City Human Rights Law. From the decision:…

Read More Age Discrimination Claim Survives Summary Judgment Against Queens-Long Island Medical Group
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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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