In Ellison v. Chartis Claims, Inc., 2019 NY Slip Op 08654 (App. Div. 2d Dept. Dec. 4, 2019), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim. The court summarized the law of discrimination under the New York City Human Rights Law: Under the NYCHRL, unlawful discrimination must play “no role” in…
Read More Court Affirms Dismissal of NYCHRL Discrimination ClaimIn Jean-Pierre v. Citizen Watch Company of America, Inc., 18-CV-0507, 2019 WL 5887479 (S.D.N.Y., 2019), the court – invoking the principle that Title VII of the Civil Rights Act of 1964 is not a “general civility code for the American workplace” – dismissed plaintiff’s discrimination claims. It summarized the law in this regard: In determining…
Read More Discrimination Claims Dismissed; While “Inappropriate”, Comments Were Non-ActionableIn Katz v. The New York Historical Society, 19-CV-8637, 2019 WL 6529325 (S.D.N.Y. Dec. 3, 2019), the court dismissed plaintiff’s age discrimination complaint, which it construed as asserting claims under the Age Discrimination in Employment Act of 1967 (ADEA). As to the substantive law, the court explained: The ADEA makes it unlawful for an employer…
Read More Age Discrimination: A Dismissal and Some Judicial Guidance for the Amended ComplaintIn Pustilnik v. Battery Park City Authority et al, 18-CV-9446, 2019 WL 6498711 (S.D.N.Y. Dec. 3, 2019), the court, inter alia, granted defendant’s motion to dismiss – under Federal Rule of Civil Procedure 12(b)(6) – plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). From the decision: [Plaintiff]’s Complaint is devoid of facts…
Read More Disability Discrimination Claim Dismissed; Mere Knowledge of Disability InsufficientIn Hogue v. Bd. of Educ. of the City School Dist. of the City of New York, No. 150393/2019, 2019 WL 6467588 (N.Y. Sup Ct, New York County Dec. 02, 2019), the court, inter alia, permitted plaintiff to amend her complaint alleging a hostile work environment. I write here to address one aspect of the…
Read More Notice of Claim Sufficiently Alleged Hostile Work Environment, Court RulesIn Doton v. City of Syracuse, 11-CV-620, 2019 WL 6337326 (NDNY Nov. 27, 2019), a gender discrimination case, the court ruled on various motions in limine with respect to evidence the parties seek to introduce at the upcoming trial. Among other issues addressed by the court, defendants sought to preclude Plaintiff from offering “me too” evidence “regarding…
Read More Court Discusses “Me Too” Evidence in Gender Discrimination CaseIn Hilsby v. Schultz, No. 21211/2012, 2019 WL 6248396, 2019 N.Y. Slip Op. 33395(U) (N.Y. Sup Ct, Suffolk County Nov. 15, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim under the New York State Human Rights Law. The court summarized the law: “A hostile work environment exists where the workplace is ‘permeated…
Read More Hostile Work Environment Claim Dismissed; Secretary Reassignment and Alleged Anxiety/Fear InsufficientIn Buczakowski v. Crouse Health Hospital, Inc. et al, 18-cv-330, 2019 WL 6330206 (N.D.N.Y. Nov. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged a constructive discharge claim. The court’s analysis, briefly summarized below, follows and builds on its finding that plaintiff sufficiently alleged a hostile work environment (which I discussed here). The…
Read More Constructive Discharge Claims Sufficiently Alleged Against Crouse Health HospitalIn Buczakowski v. Crouse Health Hospital, Inc. et al, 18-cv-330, 2019 WL 6330206 (N.D.N.Y. Nov. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment based on age and disability (cancer). After reciting the hostile work environment standard, the court held that plaintiff “established [defendant] and several of its employees…
Read More Age & Disability-Related Hostile Work Environment Claims Sufficiently Alleged Against Crouse Health HospitalIn Crawford v. ExlService.com, LLC et al, 16-cv-9137, 2019 WL 6284228 (S.D.N.Y. Nov. 25, 2019), the court held that the former in-house counsel for defendant “is not categorically precluded from testifying on grounds of attorney-client privilege”, reasoning that “not all conversations between an attorney and a client are privileged.” The court noted that “[a]t trial,…
Read More Former In-House Counsel May Testify in Hostile Work Environment Case