Employment Discrimination

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In Hoit v. Capital District Transportation Authority, 10-202, 2020 WL 1514754 (2d Cir. March 30, 2020) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. In sum, plaintiff’s lawsuit arose from an incident in which, on his last day…

Read More Hostile Work Environment Claim, Arising From “Tea Bagging” Incident, Not Imputable to Employer Under NYS Human Rights Law; Second Circuit Affirms Dismissal
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In Colbert v. FSA Store, Inc., Health E-Commerce, and Jeremy Miller, 2020 WL 1989404 (SDNY April 27, 2020), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964, SEction 1981 of the Civil Rights Act of 1866, and the New York State and City…

Read More Race Discrimination Complaint Survives Dismissal; Allegations Included “Coded Racial Comments”
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In Gordon v Consolidated Edison, Inc., No. 152614/2017, 2020 WL 192980 (N.Y. Sup Ct, New York County March 16, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. From the decision: Gordon has established a prima facie case…

Read More Medical Marijuana Discrimination Claims Against Con Edison Survive Summary Judgment
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In Oliver v. New York State Police, 2020 WL 1989180 (N.D.N.Y. April 27, 2020), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. While the court held that the alleged conduct was sufficiently “severe or pervasive”, there…

Read More Hostile Work Environment / Sexual Harassment Claim Dismissed Against New York State Police
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In Wright v. Whitsons Culinary Group, 20-cv-667, 2020 WL 1957529 (EDNY April 23, 2020), the court, inter alia, dismissed plaintiff’s complaint as it did not sufficiently/plausibly allege that he was subjected to retaliation in violation of Title VII of the Civil Rights Act of 1964. (I discussed the discrimination portion of the decision here.) From…

Read More Title VII Retaliation Claim Dismissed; Supervisor Dispute Did Not Constitute Sufficient Opposition
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In Wright v. Whitsons Culinary Group, 20-cv-667, 2020 WL 1957529 (EDNY April 23, 2020), the court, inter alia, dismissed plaintiff’s complaint as it did not sufficiently/plausibly allege that he suffered discrimination based on a protected characteristic in violation of Title VII of the Civil Rights Act of 1964. From the decision: In this action, Plaintiff…

Read More Discrimination Complaint Dismissed; Comparators’ Characteristics Not Identified
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From Mohan v The City of New York, No. 151018/2019, 2020 WL 1546404, 2020 N.Y. Slip Op. 30729(U), 5 (N.Y. Sup Ct, New York County Mar. 03, 2020): As it pertains to plaintiff’s claims of discrimination, the court finds that plaintiff has not proffered evidence suggesting that on the basis of her race, gender, or…

Read More Race, Gender, National Origin Discrimination Claims Dismissed Against City of New York
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In a recent decision, Sanders v. New World Design Build, Inc. et al, 19-CV-1071, 2020 WL 1957371 (S.D.N.Y. April 23, 2020) – an employment discrimination and retaliation case – the court declined to exercise jurisdiction over defendants’ counterclaims. Defendants’ defamation counterclaim, for example, alleges that Plaintiff defamed them when he spoke with Defendant about his…

Read More Court Declines to Exercise Supplemental Jurisdiction Over Malicious Prosecution and Defamation Counterclaims in Discrimination & Retaliation Case
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In Anderson v. New York City Department of Finance, 19-CV-7971, 2020 WL 1922624 (S.D.N.Y. April 21, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based discrimination and hostile work environment claims. As to his hostile work environment claim, the court explained, with respect to the nature and consistency of the alleged conduct:…

Read More Race-Based Hostile Work Environment Claim Dismissed Against NYC Department of Finance
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In Thomas v. Jonathan Mintz et al, No. 103397/11, 11405, 2020 N.Y. Slip Op. 02367, 2020 WL 1942218 (N.Y.A.D. 1 Dept. Apr. 23, 2020), the court modified a lower court decision to deny defendant’s motion to dismiss plaintiff’s retaliation claim, but upheld its dismissal of plaintiff’s hostile work environment and discrimination claims, under the New…

Read More Retaliation Claim Survives Dismissal; Hostile Work Environment and Discrimination Claims Dismissed
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