Employment Discrimination

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In Payne v. Cornell University, 2021 WL 39684 (N.D.N.Y. Jan. 5, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim. The court explained: [E]ven if Plaintiff had properly supported her claims, the Court would find that the complained-of conduct is not sufficiently severe or pervasive to alter the conditions of Plaintiff’s employment. Courts…

Read More Hostile Work Environment Claim Dismissed; Denial of Time Off and a Negative Evaluation Insufficient
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In Knox v. John Varvatos Enterprises Inc., 17-CV-772, 2021 WL 95914 (S.D.N.Y. Jan. 12, 2021) – a gender discrimination class action lawsuit – the court, inter alia, upheld the jury’s finding that defendant engaged in gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.…

Read More Court Upholds Gender Discrimination Jury Verdict for John Varvatos Saleswomen; Malevolent Motive Not Required
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In Knox v. John Varvatos Enterprises Inc., 17-CV-772, 2021 WL 95914 (S.D.N.Y. Jan. 12, 2021) – a gender discrimination class action lawsuit – the court, inter alia, held that the defendant was not permitted to invoke the “Bona Fide Occupational Requirement” (BFOQ) defense codified in Title VII of the Civil Rights Act of 1964. In…

Read More “Bona Fide Occupational Requirement” Defense Properly Denied to John Varvatos in Sex Discrimination Case
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In Maiurano v. Cantor Fitzgerald Securities, 2021 WL 76410 (S.D.N.Y. Jan. 8, 2021), the court, inter alia, held that plaintiff sufficiently alleged gender discrimination under the New York City Human Rights Law (though it dismissed plaintiff’s claim under the more stringent Title VII of the Civil Rights Act of 1964 and the New York State…

Read More Gender Discrimination Claim, Under the NYC Human Rights Law, Sufficiently Alleged Against Cantor Fitzgerald
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In Doe v. New York City Police Department et al, No. 118182/09, 12763, 2019-3747, 2021 N.Y. Slip Op. 00009, 2021 WL 27523 (N.Y.A.D. 1 Dept., Jan. 05, 2021), the court, inter alia, unanimously reversed the lower court’s order granting summary judgment for defendants on plaintiff’s claim of employment discrimination asserted under the New York State…

Read More Sexual Orientation Discrimination Claim Survives Summary Judgment Against the NYPD
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In Jordan v. Lisa Ellsworth, et al, 2020 WL 7398757 (W.D.N.Y. Dec. 17, 2020), the court granted summary judgment to defendants on plaintiff’s employment discrimination and retaliation claims. In sum, plaintiff alleged that defendants denied her promotional opportunities due to her race and in order to retaliate against her for filing internal race discrimination complaints.…

Read More Employment Discrimination & Retaliation Claims Dismissed Against NY State Insurance Fund; Pretext Not Shown
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In Doe v. Bloomberg, LP, No. 451470/2020, 2020 WL 7495654, 2020 N.Y. Slip Op. 34235(U) (N.Y. Sup Ct, New York County Dec. 21, 2020), a sexual harassment case, the court granted defendants’ motion to compel plaintiff to amend the caption of the action to reflect her name. The court summarized the guiding principles relating to this…

Read More Sexual Harassment Plaintiff May Not Proceed Anonymously, Court Rules
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From Fernandes v Jadah Carroll, LLC, No. 12665, 158642/19, 2020-02599, 2020 N.Y. Slip Op. 07669, 2020 WL 7391276 (N.Y.A.D. 1 Dept., Dec. 17, 2020): Defendants demonstrated conclusively that they were not subject to the New York City Human Rights Law’s prohibition on discrimination in employment based on disability because they employed fewer than four persons…

Read More NYC Human Rights Law Disability Discrimination Claim Dismissed; Defendants Employed Fewer Than Four Persons
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In Kwong v. City of New York, No. 152932/2013, 2020 WL 7360816 (N.Y. Sup Ct, New York County Dec. 15, 2020), the court, inter alia, denied defendants’ motion for summary judgment on his hostile work environment claims asserted under the New York State City Human Rights Laws. The court explained: To establish a hostile work…

Read More Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Derogatory Remarks About Chinese Food
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In Kwong v. City of New York, No. 152932/2013, 2020 WL 7360816 (N.Y. Sup Ct, New York County Dec. 15, 2020), the court, inter alia, denied defendants’ motion for summary judgment on his national origin discrimination claim asserted under the New York City Human Rights Law. As to whether plaintiff suffered an “adverse employment action”,…

Read More National Origin (Chinese) Discrimination Claim Survives Summary Judgment; Evidence Included Derogatory References to Chinese Food, Accent
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