Employment Discrimination

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In Fleurentin v. New York City Health & Hospitals Corp. et al,  18-cv-05004, 2020 WL 42841 (E.D.N.Y. Jan. 3, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. In this case, in sum, plaintiff – a Haitian man – alleged that “over the course of a decade the defendants repeatedly discriminated against him…

Read More Hostile Work Environment Claim Dismissed; Santa Claus Role Denial (etc.) Insufficient
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In Adeniji v. U.S. Department of Commerce/Census Bureau-NY Regional Office/Hannah Zimmerman, 2019 WL 7067057 (S.D.N.Y. Dec. 23, 2019), the court dismissed plaintiff’s race discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. As to plaintiff’s discrimination claim, the court explained: To state an employment discrimination claim under Title VII,…

Read More Title VII Discrimination Claim Insufficiently Alleged, Court Holds
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In Camoia v. City of New York, 787 Fed.Appx. 55, 57 (2d Cir. Dec. 13, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s perceived-as disability claims under the Americans with Disabilities Act and the New York State and City Human Rights Laws. In sum, plaintiff – a NYPD trainee – alleges that defendant…

Read More 2d Circuit Affirms Dismissal of NYPD Trainee’s “Perceived As Disabled” Discrimination Claim
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In Saltzman v. Exlservice Holdings Inc., No. 154361/2019, 2019 WL 6843028 (N.Y. Sup Ct, New York County Dec. 11, 2019), the court denied defendants’ motion to compel arbitration of plaintiff’s gender discrimination and retaliation claims asserted under the New York City Human Rights Law. In sum, plaintiff asserts that defendants treated her worse than similarly-situated…

Read More Gender Discrimination and Retaliation Claims Not Subject to Arbitration Clause, Court Holds
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Happy New Year! Recently, the New York State Human Rights Law (NYSHRL) – New York State’s primary anti-discrimination law – has been modified to strengthen employee protections. These changes, some occurring in 2019 and some occurring in 2020, are summarized at the New York State Division of Human Rights’ website, here. These changes include: Effective…

Read More NY State Law Protections for Employees: 2020 and Beyond
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In Shah v. State of New York, 2019 NY Slip Op 08884 (App. Div. 2nd Dept. Dec. 11, 2019) – a failure-to-hire national origin discrimination case – the court affirmed the lower court’s decision denying the claimant’s motion seeking leave to file a late notice of claim. In sum, the claimant commenced this action, alleging…

Read More Court Affirms Denial of Leave to File Late Claim Against State Facility in Discrimination Case
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In Schmitt v. Artforum International Magazine et al, No. 10080, 159496/17, 2019 N.Y. Slip Op. 09352, 2019 WL 7173975 (N.Y.A.D. 1 Dept., Dec. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged retaliation under the New York City Human Rights Law, modifying the lower court’s order dismissing that claim as facially insufficient under…

Read More Retaliation Claim Survives Dismissal Against Artforum International Magazine
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While relatively short, the First Department’s recent decision in Donovan v. NYC Housing Authority, 2019 N.Y. Slip Op. 09394, 2019 WL 7173616 (N.Y.A.D. 1 Dept., Dec. 26, 2019), is instructive on the scope of medical discovery that courts will allow/disallow in an employment discrimination case. The court below had issued an Order denying defendant’s motion,…

Read More Court Orders Medical Discovery in Employment Discrimination/Retaliation Case
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In Schaper v. Bronx Lebanon Hospital Center, 2019 WL 7102144 (S.D.N.Y. Dec. 20, 2019), the court granted plaintiff’s motion for leave to file an amended complaint asserting, in addition to claims of hostile work environment and retaliation, a claim of disparate treatment. On September 30, 2019, the court denied defendants’ motion for summary judgment, noting…

Read More Plaintiff Granted Leave to Amend Complaint to Add Claim of Disparate Treatment
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In Scalercio-Isenberg v. Morgan Stanley Services Group Inc., 2019 WL 6916099 (S.D.N.Y. Dec. 19, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire gender discrimination under Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff] has failed to make out a prima facie case that she suffered age or gender discrimination when…

Read More Failure-to-Hire Gender Discrimination Claim Dismissed Against Morgan Stanley
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