Employment Discrimination

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In 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 Insufficient
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In 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 Hospital
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In 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 Hospital
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In 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
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In Katsoolis v. Liquid Media Group, Ltd., 2019 WL 6050972 (S.D.N.Y. Nov. 15, 2019), the court ruled on proposed amendments to plaintiff’s employment discrimination complaint under the New York City Human Rights Law (NYCHRL). This case is instructive as to how courts assess complaints for facial sufficiency vis-a-vis the issue of discriminatory motive/intent in an…

Read More Proposed Gender Discrimination Claims Sufficiently Alleged Against Liquid Media Group
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In a recent case, ANNA MARIE SCORSONELLI, Plaintiff, v. MADISON DENTISTRY, P.C., et al., Defendants., 2019 WL 6032787, at *1–2 (S.D.N.Y., 2019), the court, inter alia, held that plaintiff’s failure-to-accommodate-disability claim could continue. From the decision: A reasonable jury could likewise find that Defendants failed to accommodate Scorsonelli’s disability. Even if Scorsonelli’s daily requests for…

Read More Failure to Accommodate Disability, Retaliation Claims Survive Summary Judgment
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In Chauhan v. MM Hotel Management LLC et al, 18-cv-5963, 2019 WL 6118006 (E.D.N.Y. Nov. 18, 2019), the court, inter alia, dismissed plaintiff’s clams of race, national origin, and religion-based hostile work environment claims. First, the court summarized the legal standard: To establish a hostile work environment claim under Title VII, “a plaintiff must show…

Read More Hostile Work Environment Claims Dismissed; 6 Incidents Over a 15 Year Period Insufficient
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“Clever men may easily conceal their motivations.” Thus writes the Second Circuit in a recent case, Khanna v. MUFG Union Bank, N.A., 2019 WL 6127418 (2d Cir. Nov. 19, 2019) (Summary Order), in which the court vacated the district court’s dismissal – under Federal Rule of Civil Procedure 12(b)(6) – of plaintiff’s race and gender…

Read More 2d Circuit Revives Race/Gender Discrimination Claims
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In Bonilla v. City of New York et al, 18-cv-12142, 2019 WL 6050757 (S.D.N.Y. Nov. 15, 2019), the court, inter alia, held that plaintiff sufficiently alleged race discrimination. Central to plaintiff’s claim was his being called “bobo” – which means “fool” in Spanish – several times. In reaching its conclusion, the court cited and applied…

Read More Race Discrimination Claim Stated; “Bobo” Slur Cited
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In Thomas v. City of New York et al, No. 507887/2018, 2019 N.Y. Slip Op. 51822(U), 2019 WL 6041948 (Sup Ct, Nov. 01, 2019), the court, inter alia, held that the petitioner’s hostile work environment claim was timely under the “continuing violation doctrine.” Petitioner, a guidance counselor, alleged that she was subject to age discrimination…

Read More Hostile Work Environment Claim Against DOE Held Timely Under the “Continuing Violation Doctrine”
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