Employment Discrimination

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In Acosta v. CKR Law LLP et al, No. 156323/2019, 2021 WL 465977 (N.Y. Sup Ct, New York County Feb. 09, 2021), the court, inter alia, denied defendant’s CPLR 3211(a)(7) motion to dismiss plaintiff’s sexual orientation discrimination/hostile work environment claim asserted under the New York City Human Rights Law. From the decision: A central argument…

Read More Sexual Orientation Discrimination/Hostile Work Environment Claim Survives Dismissal Under the NYC Human Rights Law
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In Bell v. SL Green Realty Corp. et al, 19 Civ. 8153, 2021 WL 516575 (SDNY Feb. 11, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. From the decision: To state a hostile work environment claim, the Complaint must plausibly allege that her “workplace is permeated with discriminatory intimidation, ridicule,…

Read More Sexual Harassment Claim Dismissed Against SL Green Realty Corp.
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In Perrotte v. Bloomberg, LP et al, No. 451470/2020, 2021 WL 465986 (N.Y. Sup Ct, New York County Feb. 09, 2021), the court, inter alia, dismissed plaintiff’s “quid pro quo” sexual harassment claim asserted under the New York State Human Rights Law. The court summarized the law as follows: Pursuant to NYSHRL, it is an…

Read More Quid Pro Quo Sexual Harassment Claim Dismissed Against Bloomberg LP et al
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In a recent case, Tenecora et al v. Ba-Kal Restaurant Corp., d/b/a Princess Diner et al, 18-cv-7311, 2021 WL 424364 (E.D.N.Y. Feb. 8, 2021), the court adopted a Magistrate Judge’s Report & Recommendation granting plaintiff’s motion for default judgment on their employment discrimination and hostile work environment claims. The court explained the difference between “direct”…

Read More Discriminatory Wage Withholding Claim Survives Against Restaurant Defendants
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In Elias v. City oof New York et al, 19-CV-11411, 2021 WL 411435 (S.D.N.Y. Feb. 5, 2021), the court denied defendants’ motion to dismiss plaintiff’s hostile work environment claims (on timeliness grounds). From the decision: Conspicuously, Defendants do not move to dismiss on the ground that she fails to state HWE claims as a substantive…

Read More Hostile Work Environment Claims Survive Statute-of-Limitations Based Dismissal; Continuing Violations Doctrine Sufficiently Alleged
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In Reyes v. Westchester County Health Care Corp., 19-CV-08916, 2021 WL 310945 (S.D.N.Y. Jan. 29, 2021), the court, inter alia, dismissed plaintiff’s pregnancy- and national origin-based hostile work environment claims. From the decision: To state a hostile work environment claim under the Title VII, Plaintiff must allege: “[1] that the harassment was ‘sufficiently severe or…

Read More Hostile Work Environment Claim Dismissed; “Objectionable Vignettes” Did Not Give Rise to Actionable Objectively Hostile Environment
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In Wickes v. Westfair Electric Co., 2021 WL 217318 (S.D.N.Y. Jan. 20, 2021), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under 42 U.S.C. § 1981. In sum, plaintiff – who describes herself as a Native American woman – asserts that after she was hired as an apprentice mechanic by defendant, she became…

Read More Race Discrimination Claim, Asserted by Native American Plaintiff Under 42 U.S.C. § 1981, Dismissed
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In Maynard v. Montefiore Medical Center et al, 2021 WL 396700 (S.D.N.Y. February 4, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claims. Generally, every legal claim has a statute of limitations, which (in sum) is a deadline by which a claim must be asserted. The application of the statute of limitations to…

Read More Hostile Work Environment Claims Dismissed Against Montefiore Medical Center
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In Madrigal v. Montefiore Medical Center et al., No. 12306, 2020-00608, 307949/10E, 2021 N.Y. Slip Op. 00526, 2021 WL 329412 (N.Y.A.D. 1 Dept., Feb. 02, 2021), the court, inter alia, upheld damage awards for plaintiff on her gender discrimination, sexual harassment, and retaliation claims. (The court’s discussion of liability is discussed here.) A jury awarded…

Read More Court Reverses Damages Reductions in Sexual Harassment Case Against Montefiore Medical Center
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In Gordon v. Consolidated Edison Inc., 2021 NY Slip Op 00492 (App. Div. 1st Dept. Jan. 28, 2021), the court held that plaintiff presented sufficient evidence to proceed on her failure-to-accommodate-disability discrimination claim under the New York State Human Rights Law. In sum, plaintiff, who worked for defendant as a financial analyst, suffered from irritable…

Read More Medical Marijuana/IBD Sufferer Presents Sufficient Facts to Proceed on Failure-to-Accommodate Claim
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