Employment Discrimination

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In Pignone v. United Parcel Service, Inc., 2020 WL 1140509 (N.D.N.Y. March 9, 2020), the court dismissed plaintiff’s hostile work environment claim, finding that there was no act committed by defendant within the relevant statute of limitations (here, three years under the New York State Human Rights Law). (while the court denied defendant’s motion to…

Read More Court Dismisses Hostile Work Environment Claim Against UPS on Statute of Limitations Grounds
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In Green v. Town of East Haven, 2020 WL 1146687 (2d Cir. March 10, 2020), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a district court’s order grantinf defendant’s motion for summary judgment dismissing plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA) under a theory of…

Read More Constructive Discharge Claim Revived from Summary Judgment Dismissal
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In EEOC v. United Health Programs of America, Inc. and Cost Containment Group, Inc., 14-CV-3673, 2020 WL 1083771 (EDNY March 6, 2020), the court, inter alia, upheld a jury verdict in favor of plaintiffs, who alleged that they were subjected to a religious discrimination and a religion-based hostile work environment in violation of Title VII…

Read More Religion-Based Discrimination and Hostile Work Environment Jury Verdict for Plaintiff Upheld
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In Bond v New York City Health and Hospitals Corp., No. 160658/2013, 2020 WL 1031393 (N.Y. Sup Ct, New York County Feb. 25, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender discrimination claim alleging that her supervisor subjected her to a hostile work environment after she rejected his sexual…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment Against NYC Health & Hospitals Corp.; Court Cites Deterioration of Relationship Following Rejection of Sexual Advances
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In Gray v. Onondaga-Cortland-Madison BOCES, 2020 WL 1029022 (N.D.N.Y. March 3, 2020), the court, inter alia, dismissed plaintiff’s “failure to accommodate disability” claims under the Americans with Disabilities Act. Specifically, plaintiff claims that she was denied access to requested lunch breaks as an accommodation for her qualified disability so as to attend to the symptoms…

Read More Failure-to-Accommodate-Disability Claims Dismissed
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In Cunningham v. New York Junior Tennis League, Inc., 18-CV-1743, 2020 WL 916964 (S.D.N.Y. Feb. 26, 2020), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims. After summarizing the legal standards for hostile work environment claims under federal, state, and city law, the court applied the law…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Relate to the Neighborhood” Comment Deemed Insufficient
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In Rella v. New York State Office of Mental Health, 2020 WL 918767 (N.D.N.Y. Feb. 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged a claim for hostile work environment under the Americans with Disabilities Act. After rejecting defendant’s argument that such claims are not cognizable under the ADA, the court turned to…

Read More Disability-Based Hostile Work Environment Claim Stated, Court Holds
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In Averbeck v. Culinary Inst. of Am., 2020 NY Slip Op 01139 (App. Div. 2d Dept. Feb. 19, 2020), the court affirmed the dismissal of plaintiff’s national origin discrimination claim against the Culinary Institute of America. Plaintiff, who was born and raised in Germany, was employed by Culinary Institute of America, from November 2004 through May…

Read More Employment Discrimination Claim Against Culinary Institute of America Dismissed
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