Employment Discrimination

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In Tirschwell v TCW Group Inc., No. 13923, 150777/18, 2020-03192, M-1286, 2021 N.Y. Slip Op. 03397, 2021 WL 2144858 (N.Y.A.D. 1 Dept., May 27, 2021), the court, inter alia, held that plaintiff’s sexual harassment claim survived summary judgment. From the decision: The City HRL gender discrimination claim (claim 2) was properly sustained as against Ravich…

Read More Gender Discrimination Claim Survives Summary Judgment Against TCW Group et al
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In Kraiem v. Jonestrading Institutional Services LLC, No. 19-5160, 2021 WL 2134818 (S.D.N.Y. May 26, 2021), the court, inter alia, granted plaintiff’s motion for leave to amend her First Amended Complaint to include an “aiding and abetting” theory of liability against one individual defendant (Mazzullo). From the decision: Plaintiff sufficiently alleges that Mazzullo aided and…

Read More Aiding-and-Abetting Claim Against Individual Defendant Sufficiently Alleged in Hostile Work Environment Sexual Harassment Case
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In Piscitelli v. Deloitte Touche Tohmatsu Services, Inc., No. 159272/20, 2021 WL 1883632 (N.Y. Sup Ct, New York County May 07, 2021), the court denied defendants’ pre-answer to dismiss plaintiff’s pregnancy discrimination claim asserted under the New York State and City Human Rights Laws. The court summarized plaintiff’s allegations as follows: In July 2018, plaintiff…

Read More Pregnancy Discrimination Claim Against Deloitte Touche Tohmatsu Services Survives Dismissal
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In response to the sexual harassment allegations levied against him – including that he engaged in “creepy behavior” toward female reporters – Governor Andrew Cuomo is reported to have (dismissively) stated that “[h]arassment is not making someone feel uncomfortable” and that he “never said anything [he] believed was inappropriate.” In 2019, the New York State…

Read More Governor Cuomo’s Response to Sexual Harassment Allegations at Odds With Law He Signed
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In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13,  2021), the court, inter alia, held that plaintiff plausibly alleged claims that defendants failed to accommodate her disability, and terminated her because of her disability, in violation of the Americans with Disabilities Act. The court summarized plaintiff’s claims, in part, as follows:…

Read More Disability Discrimination Claims Survive Dismissal; Court Notes Denial of Plaintiff Request for Separation From Alleged Harasser
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In Quinones v. City of Binghamton et al, Docket No. 20-3078, 2021 WL 1898117 (2d Cir. May 12, 2021), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s dismissal of plaintiff’s complaint, which was based on its holding that he failed to articulate any discrimination claim. It held that…

Read More Race (Hispanic) Discrimination Section 1981 Claim Alleged by Complaint; Dismissal Vacated
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In Long v. Corning Incorporated, 20-1370-cv (2d Cir. May 10, 2021) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims asserted under Title VII of the Civil Rights Act of 1964, on the ground that such claims were covered by a release. From the Order: On appeal Long principally argues that…

Read More Title VII Employment Discrimination Claims Were Barred by Release, Court Holds
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In Albertin v. Nathan Littauer Hospital and Nursing Home, 2021 WL 1742280 (N.D.N.Y. May 4, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of overtime violations under the Fair Labor Standards Act (FLSA) and interference and retaliation under the Family and Medical Leave Act (FMLA). In this post, I…

Read More Overtime, FMLA Claims Survive Summary Judgment Against Upstate Hospital
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In Akhtar v. Saudia d/b/a Saudi Arabian Airlines Corp., 2021 WL 1758807 (S.D.N.Y. May 4, 2021), the court held, inter alia, that plaintiff sufficiently alleged national origin and gender-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. As to…

Read More Gender and National Origin-Based Hostile Work Environment Claims Continue Against Saudi Arabian Airlines
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In Ramos v. Metro-North Commuter Railroad et al, 2021 WL 1740644 (N.Y.A.D. 1 Dept., May 04, 2021), the court held that plaintiff presented enough evidence to defeat defendants’ motion for summary judgment on plaintiff’s claims of discriminatory termination, failure to accommodate, hostile work environment, and retaliation. As to plaintiff’s wrongful termination claim, the court held…

Read More Disability Discrimination, Hostile Work Environment, Retaliation Claims Survive Against Metro-North
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