Employment Discrimination

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In Mezinev v. Donald Smith & Co., Inc., 161367/2017, 2020 NY Slip Op 33429 (N.Y. Sup. Ct. N.Y. Cty. Oct. 9, 2020), the court, inter alia, dismissed defendant employer’s counterclaims for breach of contract, breach of fiduciary duty, and violation of the faithless servant doctrine. Plaintiff commenced this action seeking damages for alleged employment discrimination…

Read More Employer’s Breach of Contract Claim, Based on Alleged Secret Recording of Conversations in the Workplace, Dismissed
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n Rosalie v. Supreme Glass Co., Inc., 18-CV-02064, 2020 WL 6263311 (EDNY Oct. 23, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. (The court also denied…

Read More Wrongful Termination Claim, Based on Plaintiff’s Gender and Sexual Orientation, Survives Summary Judgment
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In Langlois v. Hartford Board of Education et al, 2020 WL 6278722 (2d Cir. Oct. 27, 2020) (Summary Order), the court, inter alia, affirmed the dismissal on summary judgment of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court wrote: [W]e agree with the district…

Read More Race-Based Hostile Work Environment Claim Properly Dismissed; Most Conduct Was “Reasonably Expected” in the School Environment
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In Cardwell v. Davis Polk & Wardwell LLP et al, 19-cv-10256, 2020 WL 6274826 (S.D.N.Y. Oct. 24, 2020), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. In sum, plaintiff – a law firm associate – alleged (inter alia) that he was suffered a hostile work environment on account of his race, in…

Read More Race-Based Hostile Work Environment Claim Dismissed; Social Ostracism Insufficient
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In Stephens v. New York State Division of Human Rights, No. 100699/18, 12163, 2019-5430, 2020 N.Y. Slip Op. 06038, 2020 WL 6163900 (N.Y.A.D. 1 Dept., Oct. 22, 2020), the court, inter alia, upheld the dismissal (by the NYS Division of Human Rights) of the petitioner’s disability discrimination claims. Here, the NYSDHR issued a determination of…

Read More Disability Discrimination Claims, Based on “Invisible” or “Hidden” Disability (Brain Injury), Properly Dismissed
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In Lax v. City University of New York et al, 2020 WL 6161253 (EDNY Oct. 21, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. The court summarized the “black-letter law” as follows: A hostile work environment claim requires a showing: (1) that the harassment was “sufficiently severe or pervasive to alter the…

Read More Hostile Work Environment Claim Dismissed, as it was Largely Based on Conduct Experienced by Others
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In Arroyo-Horne v. City of New York, 19-2814-cv, 2020 WL 6112273 (2d Cir. Oct. 16, 2020) (Summary Order), the court affirmed the district court’s dismissal of plaintiff’s complain asserting a violation of the Family and Medical Leave Act (FMLA). Specifically, the plaintiff failed to allege her eligibility under the statue, namely, that she worked 1,250…

Read More FMLA Claim Dismissed; Eligibility (1,250 Hours of Work Requirement) Not Alleged
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In Torre et al v. Charter Communications, Inc. d/b/a Spectrum, 2020 WL 5982684 (S.D.N.Y. October 8, 2020), the court, inter alia, held that plaintiff sufficiently alleged sex and age discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State and City Human Rights…

Read More Reporters Sufficiently Allege Sex and Age Discrimination (Specifically the Existence of “Adverse Employment Actions”) Against Spectrum
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In Breland v. City of New York, No. 152046/2020, 2020 WL 5644943, 2020 N.Y. Slip Op. 33099(U), 3–4 (N.Y. Sup Ct, New York County Sep. 22, 2020), an employment discrimination case, the court granted defendants’ motion to extend their time to answer, move, or otherwise respond to plaintiff’s complaint. The court explained: Pursuant to CPLR…

Read More Employment Discrimination Defendant’s Time to Answer Extended
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