Employment Discrimination

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In Hill v. Frontier Telephone of Rochester, Inc., 2018 WL 1256220 (W.D.N.Y., 2018) – a race discrimination/hostile work environment case – the court dismissed plaintiff’s case, finding that there was no issue of fact as to whether the alleged harasser’s conduct could be imputed to the employer. The court explained the law: Where, as here,…

Read More Co-Worker’s Harassment Not Imputed to Employer; Employer’s Response Held Sufficient
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In Sharkey v. J.P. Morgan Chase & Co., 2018 WL 1229831 (S.D.N.Y. March 5, 2018), the court, inter alia, struck down a jury verdict of $563,000 for emotional distress suffered by plaintiff as a result of her alleged retaliatory termination in violation of the Sarbanes-Oxley Act of 2002 (SOX). From the Opinion: If Sharkey is…

Read More Court Strikes Down $563K Emotional Distress Damages Jury Verdict in SOX Case as “Infected With Passion and Prejudice”
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In Rodrigues v. Watershed Ventures LLC, 2018 N.Y. Slip Op. 30322(U), 2018 WL 1030303 (N.Y. Sup. Ct. Feb. 23, 2018), the court held, inter alia, that a release agreement relating to plaintiff’s claims, asserted in a separate federal court action, was not broad enough to preclude his race discrimination claims. From the Decision and Order: [T]he…

Read More Race Discrimination Claims Survive; Not Barred By Release of Wage & Hour Claims
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In Rodrigues v. Watershed Ventures LLC, 2018 N.Y. Slip Op. 30322(U), 2018 WL 1030303 (N.Y. Sup. Ct. Feb. 23, 2018), the court held, inter alia, that plaintiffs sufficiently alleged a claim for discrimination under the New York State and City Human Rights Laws. The court explained the applicable legal standards: In employment discrimination actions brought pursuant…

Read More Race Discrimination Claim Sufficiently Alleged Against Watershed Ventures
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In Penn v. New York Methodist Hospital, 2018 WL 1177293 (2d Cir. March 7, 2018), the Second Circuit affirmed the dismissal of plaintiff’s race and religious discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the Opinion: [T]he district court did not err in applying the ministerial exception doctrine. While a…

Read More Citing the “Ministerial Exception,” 2d Circuit Affirms Dismissal of Title VII Race/Religious Discrimination Claim
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In Isakov v. HASC Ctr., Inc. Druker, No. 17-CV-5775 (BMC), 2018 WL 1114714 (E.D.N.Y. Feb. 27, 2018), the court held that plaintiff plausibly alleged a claim for religion-based employment discrimination under Title VII of the Civil Rights Act of 1964. Plaintiff asserted, inter alia, that he was treated differently/unfairly after he stopped practicing “Orthodox” Judaism,…

Read More Race, Religious Discrimination Claims Stated Against HASC Center; Plaintiff Alleged Mistreatment Due to Switching From “Orthodox” to “Traditional” Judaism
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In Leizerovici v. Hasc Center, Inc., No. 17-CV-5774 (BMC), 2018 WL 1115348 (E.D.N.Y. Feb. 27, 2018), the court held that plaintiff plausibly alleged religious discrimination in violation of Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff] claims that just months before he was terminated, Osipov [one of plaintiff’s supervisors] expressly…

Read More Plaintiff Plausibly Alleges Title VII Religious Discrimination Claim
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In Coello v. The Riese Organization Inc., 2018 WL 1051730 (N.Y.Sup.), 2-3, 2018 N.Y. Slip Op. 30309(U) (N.Y. Sup. Ct. Bx. Cty. jan. 5, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race discrimination, retaliation, and hostile work environment under the New York State and City Human Rights…

Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims Continue Against The Riese Organization
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In Perez v. United Pharm USA Inc., 2018 NY Slip Op 30273(U) (Sup. Ct. Suffolk Cty. Dkt. No. 12-30974 Jan. 19, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. The court summarized plaintiff’s evidence as follows: Plaintiff testified that during her period of employment she was constantly subjected…

Read More Sexual Harassment Claims Against United Pharm USA et al Survive Summary Judgment
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