Employment Discrimination

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In Rinaldi v. Paul Mills, NICE, Christine Bonamarte, NICE Systems, Inc., NICE-Actimize, Richard Malish, Barak Eilam et al, 2022 WL 17480081 (2d Cir. Dec. 7, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. From the decision: Here, the parties do not dispute that Rinaldi established…

Read More Age Discrimination Claims Properly Dismissed; Comments re Not “Fitting In” and “Catching On” Insufficient
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A recent decision, Ramroop v. Communications Workers of America Local 1182, No. 157047/2019, 2022 WL 17574009 (N.Y. Sup Ct, New York County Dec. 08, 2022), illustrates how to impute liability for a sexually hostile work environment claim against a defendant – in this case, a union. From the decision: Local 1182 argues that a claim…

Read More Hostile Work Environment Sexual Harassment Claims Proceed Against Union
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In Torres v. Gulf Coast Jacks, Inc., No. 4:21-CV-00019, 2022 WL 7579036 (S.D.Tex. Oct. 13, 2022), the court, inter alia, held that plaintiff sufficiently pleaded a claim for race discrimination under Title VII of the Civil Rights Act of 1964. From the decision: A complaint attacked by a Rule 12(b)(6) motion to dismiss does not…

Read More Title VII Race Discrimination Sufficiently Pled; Allegations Included Threat to Call Immigration Authorities
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In D’Anzieri v. Harrison Global LLC et al, 21-CV-8506 (VEC), 2022 WL 17404254 (S.D.N.Y. Dec. 2, 2022), the court denied defendants’ motion to dismiss plaintiff’s discrimination and retaliation claims, asserted under the New York State and City Human Rights Laws, on the basis of those statutes’ geographic reach. From the decision: The NYCHRL and NYSHRL…

Read More Sex, Age Discrimination Claims Survive Dismissal; Alleged Conduct Was Sufficiently Tied to New York
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In Christian v. The Dept. of Educ. of the City of New York, No. 158793/2021, 2022 WL 17177577 (N.Y. Sup Ct, New York County Nov. 23, 2022), the court denied defendant’s motion to dismiss plaintiff’s race discrimination claims under the New York State and City Human Rights Laws. From the decision: That branch of defendants’…

Read More NYC Teacher’s Race Discrimination Claims Sufficiently Alleged
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In Estevez et al v. Berkeley College et al, 2022 WL 17177971 (S.D.N.Y. Nov. 23, 2022), the court denied defendant’s motion for Rule 11 sanctions, but chastised plaintiff’s counsel for what it perceived as an attempt to mislead the court. Federal Rule of Civil Procedure 11 provides, in part, that an attorney presenting a pleading,…

Read More Court Admonishes Lawyer for Perceived Misrepresentations in Connection With Retaliation Claim
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In Matthews v. New Light, Inc., Civil Action No. 22-427, 2022 WL 11966542 (W.D.Pa. October 20, 2022), the court, inter alia, dismissed plaintiff’s discrimination claim asserted under the Americans with Disabilities Act, on the ground that plaintiff’s claimed medical condition, pregnancy, is not a “disability” within the meaning of that statute. From the decision: Here,…

Read More Court Dismisses ADA Discrimination Claim; Uncomplicated Pregnancy Was Not a “Disability” Under the Statute
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In Sheerer v. Angiodynamics, 2022 WL 17074913 (Sup. Ct. Warren Cty. Nov. 18, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s disability-based hostile work environment claim. From the decision: Insofar as the third cause of action is concerned, “[a] hostile work environment claim requires proof of a workplace ‘permeated with…

Read More Hostile Work Environment Claim, Based on Alleged Conduct by “Bully”, Dismissed on Summary Judgment
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In Steinberg v. Vidal, No. 22-CV-04971 (JMA) (AYS), 2022 WL 16744932 (E.D.N.Y. Nov. 7, 2022), the court denied plaintiff’s motion to amend his complaint to assert a claim against the defendant – the Director of the United States Patent and Trademark Office – under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.…

Read More ADA Disability Discrimination Claim Against Government Agency
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