Employment Discrimination

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In Kilcullen v. The New York and Presbyterian Hosp., No. 650470/2015, 2020 WL 4048130 (N.Y. Sup Ct, New York County July 15, 2020), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s claims of retaliatory discharge in violation of New York’s whistleblower laws (Labor Law 740, 741), as well as constructive discharge. In…

Read More Whistleblower Claims Dismissed; Employer’s Refusal to Accept Resignation Retraction Not an “Adverse Employment Action”
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In Allen v. City of New York et al, 18-cv-9663, 2020 WL 4287361 (SDNY July 27, 2020), the court, inter alia, dismissed plaintiff’s complaint alleging a hostile work environment claim under Title VII of the Civil Rights Act of 1964 Initially, the court dismissed plaintiff’s complaint, and provided plaintiff with an opportunity to amend her…

Read More Hostile Work Environment Claim Dismissed; Single Remark Insufficiently “Severe”
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In Sotolongo v. The New York State Department of Motor Vehicles et al, 19-CV-3282, 2020 WL 4261194 (E.D.N.Y. July 24, 2020) (J. Garaufis), the court, inter alia, granted defendants’ motion to dismiss plaintiff claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. In this case, as in many others, plaintiff’s…

Read More Title VII Retaliation Claim Against NYS DMV Dismissed; Eight-Month Gap Defeats Causation
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In Farmer v. Shake Shack Enterprises, LLC et al, 2020 WL 4194860 (S.D.N.Y. July 21, 2020) (J. Engelmayer), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claims of hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. (Plaintiff did not…

Read More Pregnancy-Related Hostile Work Environment Claims Dismissed Against Shake Shack et al
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In Farmer v. Shake Shack Enterprises, LLC et al, 2020 WL 4194860 (S.D.N.Y. July 21, 2020) (J. Engelmayer), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of pregnancy discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Gender/Pregnancy Discrimination Claims Proceed Against Shake Shack et al
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In Benedetto v. New York State Office of Children and Family Services, 2020 WL 4049945 (N.D.N.Y. July 20, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disparate treatment gender discrimination claim, on the ground that plaintiff did not suffer an “adverse employment action.” (The court also denied defendant’s motion to dismiss plaintiff’s…

Read More Discrimination Claim Dismissed; “Less Desirable Shifts” Did Not Constitute an “Adverse Employment Action”
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In Lively v. WAFRA Investment Advisory Group, Inc. et al, 2020 WL 4038350 (S.D.N.Y. July 17, 2020), the court, inter alia, granted defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The complaint…

Read More Age Discrimination Claim Dismissed; Court Finds That Sexual Harassment Allegation Against Plaintiff Was a More Likely Cause of Termination Than “Remote” Age-Related Comment
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In Peddy v. L’Oreal USA, Inc., 18-cv-7499, 2020 WL 4003587 (S.D.N.Y. July 15, 2020), the court, inter alia, dismissed (on summary judgment) plaintiff’s claim of retaliation asserted under the Age Discrimination in Employment Act. While the court ultimately based its decision on the fact that plaintiff failed to establish the element of “causation” as part…

Read More Retaliation Claim Dismissed; Court Discusses What Constitutes “Protected Activity”
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In Murphy v. Citigroup Global Markets et al, No. 1182 5, 2020 WL 4005846 (N.Y.A.D. 1 Dept., July 16, 2020), the First Department unanimously affirmed the dismissal, on res judicata grounds, of plaintiff’s employment discrimination claims. The court wrote: The discrimination claims which plaintiff seeks to assert in the first two causes of action of…

Read More Employment Discrimination Claims Properly Dismissed on Res Judicata Grounds in Light of Arbitration
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