Employment Discrimination

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In Johnson v. Frida’s Bakery, Inc., et al, 19-CV-1613, 2020 WL 1904061 (N.D.N.Y. April 17, 2020), the court, inter alia, recommended the dismissal of plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. As to the merits of plaintiff’s Title VII claim, the court explained: [T]o state a…

Read More Title VII Hostile Work Environment Claim Dismissed; Protected Class Not Alleged
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In Jamiel v. Viveros, 19-cv-1389, 2020 WL 1847566 (S.D.N.Y. April 13, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation to deny defendant’s motion to dismiss plaintiff’s hostile work environment claims – relating to plaintiff’s race and perceived sexual orientation – under Federal Rule of Civil Procedure 12(b)(6). From the Order: With…

Read More Hostile Work Environment Claim Sufficiently Alleged; Report & Recommendation Adopted
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In a recent case, Abreu v. Verizon New York, Inc. et al, 15-cv-00058 (EDNY March 25, 2020), the court – following a jury verdict in plaintiff’s favor on his claims of race discrimination and retaliation – held, inter alia, that the jury’s award of $750,000 for emotional distress was too high, and held that $200,000…

Read More Emotional Distress Damages Remitted From $750,000 to $200,000 in Employment Discrimination Case
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In Price v. TuneCore, Inc., 2020 NY Slip Op 02284 (App. Div. 1st Dept. April 16, 2020), the court affirmed the dismissal of plaintiff’s (defendant’s former CEO) employment-based claims. As to plaintiff’s claim regarding his status as the “highest paid employee”, the court explained: The employment agreement did not give plaintiff the unfettered right to…

Read More “Highest Paid Employee”, Vacation Pay Claims Dismissed
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In Amaro v. Northwell Health, Inc., No. 513525/2019, 2020 WL 1275597 (N.Y. Sup. Kings County March 9, 2020), the court dismissed plaintiff’s claim of employment discrimination (based on sexual orientation) asserted under Nassau County Local Law 7-2004 Title C-2 § 21-9.8, on the ground that that statute does not provide a private right of action.…

Read More Nassau County Discrimination Law Does Not Provide a Private Right of Action, Court Holds
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The U.S. Equal Employment Opportunity Commission (EEOC), which enforces various federal anti-discrimination laws (including Title VII of the Civil Rights Act of 1964) has recently reaffirmed its commitment to addressing and remedying discrimination arising from or relating to the COVID-19 situation. From the EEOC chair: Crises like the COVID-19 pandemic can bring out the best…

Read More EEOC on COVID19-Based Race and National Origin Discrimination
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In Stathatos v. William Gottlieb Management, 18-cv-03332, 2020 WL 1694366 (E.D.N.Y. April 6, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging religion-based discrimination asserted under Title VII of the Civil Rights Act of 1964. Initially, the court held that plaintiff’s claim was subject to dismissal based on grounds of untimeliness…

Read More Religious Discrimination Claim Dismissed; No Link Between Allegedly False Charge of Viewing Pornography and Plaintiff’s Religion
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A recent decision, Barney v. H.E.L.P. Homeless Service Corporation, 2020 WL 1699984 (SDNY April 8, 2020), illustrates the “extraordinary circumstances” justifying a delay in filing a federal discrimination lawsuit under Title VII of the Civil Rights Act of 1964 on the grounds of “equitable tolling.” Plaintiff asserted claims of sexual orientation-based discrimination and retaliation, and…

Read More Stabbing Justified “Equitable Tolling” of 90-Day EEOC Deadline in Discrimination Case, Court Holds
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In Babb v. Wilkie, 2020 WL 1668281 (U.S. April 6, 2020), the U.S. Supreme Court interpreted the federal-sector provision of the Age Discrimination in Employment Act of 1967 (ADEA), 88 Stat. 74, 29 U.S.C. § 633a(a). That section provides, in relevant part: “All personnel actions affecting employees or applicants for employment who are at least…

Read More SCOTUS Interprets the ADEA’s Federal-Sector Provision
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In Sosa v. New York City Department of Education, 18-cv-411, 2020 WL 1536348 (E.D.N.Y. March 31, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of retaliation under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL), based…

Read More Retaliation Claim Survives Dismissal Against NYC DOE
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