Employment Discrimination

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In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed summary judgment in defendant’s favor on plaintiff’s employment discrimination and retaliation claims. As to the discrimination claims, the court explained: Substantially for the reasons stated by the District Court, we conclude…

Read More 2d Circuit Affirms Dismissal of Race/Sex/National Origin/Age Discrimination Claims; Fight With Co-Worker, Not Unlawful Bias, Was Reason for Termination
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Frequently, plaintiffs in employment discrimination cases will attempt to prove discrimination by reference to comments or remarks that allegedly demonstrate discriminatory intent. For the purpose of evaluating such evidence, courts have developed the “stray remarks” doctrine. The court in Luka v. Bard College, 2017 WL 2839641 (SDNY June 29, 2017) (J. Carter) recently explained: As a…

Read More The “Stray Remarks” Doctrine in Employment Discrimination Law
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In Schultz v. Congregation Shearith Israel of the City of New York et al, 2017 WL 3427130 (2d Cir. Aug. 10, 2017), the court addressed the following issue: whether a cause of action under Title VII can be based on notice to an employee of a termination of employment effective in approximately three weeks, that…

Read More 2d Circuit Holds That Title VII Claim May Be Based on Subsequently-Revoked Notice of Termination
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One of the various types of damages available in an employment discrimination case is so-called “emotional distress” damages, which are a species of “compensatory” damages. Such damages are available under (for example) Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (NYSHRL), and the New York City Human Rights…

Read More Emotional Distress Damages in Employment Discrimination Cases
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The term “reasonable accommodation” has a specific meaning in employment law. It arises in the context of disability discrimination, pregnancy discrimination, and religious discrimination. Here I will discuss its meaning in the context of disability discrimination by an employer against an employee or job applicant. The Americans with Disabilities Act, 42 U.S.C. 12101 et seq.…

Read More What Is a “Reasonable Accommodation” For a “Disability”?
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Proving employment discrimination is no easy task. Over time, courts have developed an analytical method for evaluating such claims. Proving Employment Discrimination With “Indirect” or “Circumstantial” Evidence When a plaintiff alleges employment discrimination based on indirect, or circumstantial, evidence, courts employ the “burden-shifting” framework set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792…

Read More Proving Employment Discrimination
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In a recent complaint filed in Manhattan federal court, captioned Allen v. Goldman Sachs, SDNY 17-cv-6195 (filed 8/16/17), plaintiff Rebecca Allen – a member of Goldman’s Private Wealth Management Division – alleges (inter alia) that “[a]s a result of [a] pattern and practice of discriminatory conduct, the few Black employees at the Bank are marginalized and…

Read More Race Discrimination Lawsuit Against Goldman Sachs
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In Jenkins v. NYC Transit Authority, 2017 WL 3207093  (N.Y. Sup. Ct. Index 153761/13 July 28, 2017), the court denied defendants’ motion for summary judgment on plaintiffs’ sexual harassment/hostile work environment claims under the New York City Human Rights Law (NYCHRL). Plaintiffs, three female bus operators employed by the Manhattan and Bronx Surface Transit Operating…

Read More Bus Operators’ Sexual Harassment/Hostile Work Environment Claims Survive Summary Judgment
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In Roa v. Staples, Inc., 2017 WL 3425779 (SDNY Aug. 9, 2017), the court denied defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim. Although it was undisputed that defendant terminated plaintiff based on the belief that plaintiff stole another employee’s bag of chips, the court held that plaintiff provided enough evidence of discriminatory…

Read More Disability Discrimination Claim Against Staples Survives Summary Judgment
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In Sosa v. Rockland County Community College, 2017 WL 3105872 (SDNY July 20, 2017), the court dismissed plaintiff’s national origin discrimination (failure to promote) claim. “To establish a prima facie case of race or national origin discrimination under Title VII, a plaintiff must show that: (1) [s]he belonged to a protected class; (2) [s]he was…

Read More Court Dismisses Mexican-American Professor’s Title VII National Origin Discrimination (Failure to Promote) Claim
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