In Sarmiento v. Ampex Casting Corp., 2019 NY Slip Op 30431(U), Index NO. 150294/2011 (Sup. Ct. NY Cty. Feb. 21, 2019), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s gender discrimination and retaliation claims. The court addressed the “central question” of “whether plaintiff has stated an issue of fact in her…
Read More Sexual Harassment Claim Survives Summary JudgmentFrom DeFreitas v. Bronx Lebanon Hosp. Ctr., 2019 NY Slip Op 00375 (App. Div. 1st Dept. Jan. 22, 2019): In opposition to defendant’s motion for summary judgment dismissing the complaint alleging age discrimination in employment, plaintiffs met their burden under the New York State Human Rights Law (Executive Law § 296[1][a]) of showing that a material issue…
Read More Age Discrimination Case Proceeds Against Bronx Lebanon HospitalIn Cook v. EmblemHealth Servs. Co., LLC, 2018 NY Slip Op 08433 (App. Div. 1st Dept. Dec. 11, 2018), the First Department unanimously affirmed the denial of defendants’ motion for summary judgment on plaintiff’s retaliation claim under the New York City Human Rights Law. From the decision: The temporal proximity between plaintiff’s complaints to his employer…
Read More Retaliation Claim Continues Against EmblemHealth; Summary Judgment Denial AffirmedFrom White v. Town of Huntington, 14-CV-7370, 2018 WL 5624148 (E.D.N.Y. Oct. 30, 2018): [P]laintiff claims that, in certain instances, his qualifications exceeded those of non-minority applicants who successfully obtained the subject positions. As the Second Circuit has held: *5 When a plaintiff seeks to prevent summary judgment on the strength of a discrepancy in…
Read More Race Discrimination Claim “Narrowly” Survives Summary JudgmentIn Schmitt v. City of New York et al, 15-CV-05992, 2018 WL 5777019 (E.D.N.Y. Nov. 1, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s disability-related hostile work environment claims. This decision teaches, among other things, that the facts underlying such claims must be evaluated as a whole, rather than piecemeal.…
Read More Disability-Related Hostile Work Environment Claims Survive Summary JudgmentIn Morris v. New York City Health and Hospital Corp., 09-CV-5692, 2018 WL 4762247 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual harassment (hostile work environment) claim, with respect to one alleged harasser. As to plaintiff’s hostile work environment claim, the court explained: After assessing the…
Read More Sexual Harassment Claims Survive Summary Judgment Against NYC Health & Hospital Corp.In a recent Southern District case, Dickinson v. City University of New York, 2018 WL 4333986 (S.D.N.Y. Sept. 11, 2018), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s age discrimination claim against the City University of New York.[1]Plaintiff also asserted claims of gender discrimination, retaliation, and hostile work environment; here I…
Read More Age Discrimination Claim Against CUNY Survives Summary JudgmentIn McLeod v. General Vision Services, Inc. et al, 13-cv-6824, 2018 WL 3745662 (S.D.N.Y. Aug. 6, 2018), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964 and 42 USC 1981, but denied it with respect to plaintiff’s race discrimination claim…
Read More Race Discrimination (Termination) Claim Survives Under City, But Not Federal, LawIn McLeod v. General Vision Services, Inc. et al, 13-cv-6824, 2018 WL 3745662 (S.D.N.Y. Aug. 6, 2018), the court, inter alia, denied defendants’ motion on plaintiff’s race- and age-based hostile work environment claims. The court noted – in the portion of the decision where it assessed plaintiff’s race discrimination claims[1]The court dismissed plaintiff’s race discrimination claims…
Read More Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racial EpithetsIn Refermat v. Lancaster Central School District, 14-CV-0712, 2018 WL 3640220 (W.D.N.Y. Aug. 1, 2018), the court adopted a Magistrate Judge’s Report and Recommendation to grant defendant’s summary judgment motion as to plaintiff’s constructive discharge claim, but to deny it as to plaintiff’s hostile work environment and retaliation claims. In this blog post I will…
Read More Dispute as to Discriminatory Intent Supports Denial of Summary Judgment as to Plaintiff’s Hostile Work Environment Claim