Employment Discrimination

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In Jeanty v. Blue Rhino et al, 21-CV-8326, 2021 WL 4865202 (S.D.N.Y. Oct. 18, 2021), the court granted defendants’ motion to dismiss plaintiff’s employment (race) discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and 42 USC § 1981. In reaching its conclusion, with respect to Title VII, the court explained:…

Read More Race Discrimination (Unpaid Bonus, Termination) Claims Dismissed; Leave to Amend Granted
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In Gorbea v. Verizon New York Incorporated, 2021 WL 4851389 (2d Cir. Oct. 19, 2021), the court affirmed the dismissal of plaintiff’s disability discrimination claim under the Americans with Disabilities Act. The court summarized the elements for discrimination and failure-to-accommodate claims under the ADA. For a discrimination claim, a plaintiff must show by a preponderance…

Read More ADA Disability Discrimination Claim Dismissal Affirmed; Inability to Show Up for Work Fatal
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In Matthews v. Detroit Public Schools Community District, 2021 WL 4427176 (E.D.Mich., 2021), a Michigan federal court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Noting U.S. Supreme Court precedent that whether harassing conduct is sufficiently “severe…

Read More Title VII Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment; Plaintiff Alleged 22 Incidents Over 1.5 Years
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In Sassi v. Mobile Life Support Services, No. 55, 2021 N.Y. Slip Op. 05449, 2021 WL 4732794 (N.Y., Oct. 12, 2021), the New York Court of Appeals broadly construed the New York laws prohibiting discrimination based on a prior criminal conviction. From the decision: On this appeal, based on the arguments preserved by the parties,…

Read More NY Court of Appeals Provides Plaintiff-Favorable Interpretation of Criminal Conviction Discrimination Law
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In Lopez v. Bendell, No. 156292/2017, 2021 WL 4776215 (N.Y. Sup Ct, New York County Oct. 13, 2021), an employment discrimination case (involving allegations of national origin discrimination, hostile work environment, retaliation, and wrongful termination), the court denied defendants’ request to vacate the Note of Issue (on the ground that plaintiff failed to produce “social…

Read More Court Declines to Vacate Note of Issue in Discrimination/Hostile Work Environment Case; Requires “Jackson Affidavit” Regarding Social Media Posts
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In Thompson v. Americare, Inc., No. 503679/2019, 2021 WL 4654619 (N.Y. Sup Ct, Kings County Sep. 23, 2021), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s retaliation claim asserted under the New York City Human Rights Law. From the decision: Plaintiff’s disclosure to Martinez of her pregnancy is a protected activity…

Read More Retaliation Claim, Arising From Pregnancy Disclosure, Survives
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A recent case, Jia v. China Renaissance Securities (US) Inc., No. 158516/2018, 2021 WL 4553665 (N.Y. Sup Ct, New York County Oct. 05, 2021), illustrates the difference between the New York State Human Rights Law (NYSHRL) and the comparatively-broader New York City Human Rights Law (NYCHRL). Here, the plaintiff’s claims fail under the former but…

Read More Gender Discrimination Claims, Asserted Under the NYC Human Rights Law, Survive Summary Judgment
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In Simons v. Lee Litigation Group, PLLC et al, No. 151692/2020, 2021 WL 3624940 (N.Y. Sup Ct, New York County Aug. 12, 2021), the court granted plaintiff’s motion for summary judgment against the defendants for breach of contract (settlement agreement). In sum, the parties reached a settlement, the terms of which were memorialized in a…

Read More Settlement Agreement Enforced, Notwithstanding FLSA Provision in Generic Release Provision
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In John Doe v. The City of New York et al, 511209/2020, 2021 N.Y. Slip Op. 50916(U), 2021 WL 4468869 (Sup Ct, Sept. 29, 2021), the court (after largely dismissing plaintiff’s hostile work environment claims) denied plaintiff’s cross-motion to proceed under a pseudonym. While relatively short, the court’s analysis is instructive. It explained: Lastly, the…

Read More Sexual Harassment Plaintiff May Not Proceed Pseudonymously, Court Holds
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In John Doe v. The City of New York et al, 511209/2020, 2021 N.Y. Slip Op. 50916(U), 2021 WL 4468869 (Sup Ct, Sept. 29, 2021), the court held that plaintiff did not sufficiently allege a hostile work environment under the New York State and City Human Rights Laws. Among plaintiff’s allegations were that “he was…

Read More Hostile Work Environment Claims Insufficiently Alleged; Not Enough That Plaintiff “Felt Disrespected”
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