Employment Discrimination

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In a recent letter dated July 30, 2019, several New York lawmakers criticize Ernst & Young’s apparent intention to require sexual harassment claimant Karen Ward to pursue her claims in arbitration as opposed to in court. This letter highlights and underscores the evils of forced arbitration, particularly in the sexual harassment context. From the letter:…

Read More NY Lawmakers Underscore Unfairness of Forced Arbitration in Letter to Ernst & Young
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In Young v. Town of Islip et al, 2019 WL 3412113 (E.D.N.Y. July 29, 2019) – in which plaintiff asserted, inter alia, claims of race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 – the court denied plaintiff’s motion for a new trial under Federal Rule of Civil…

Read More Verdict Sheet Did Not Confuse Jury in Race Discrimination/Hostile Work Environment Claim, Court Holds
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In Guity v. Uniondale Union Free School Dist., 2019 WL 3402280 (E.D.N.Y. July 26, 2019), the court, inter alia, dismissed plaintiff’s race/ethnicity-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. Plaintiff – a high school Spanish teacher – alleged among other things that she was targeted because she was…

Read More Title VII Hostile Work Environment Claim Dismissed Against Uniondale Union Free School District;
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In Kaplan v. New York State Department of Labor, 2019 WL 3252911 (S.D.N.Y. July 19, 2019), a case involving claims of discrimination based on religion, the court, inter alia, dismissed plaintiff’s state law discrimination claims under Fed. R. Civ. P. 12(b)(1) on Eleventh Amendment (sovereign immunity) grounds.[1]The court denied defendants’ motion to dismiss plaintiff’s federal…

Read More State, City Discrimination Claims Dismissed Against NYS Dep’t of Labor on Eleventh Amendment Grounds
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In Kaplan v. New York State Department of Labor, 2019 WL 3252911 (S.D.N.Y. July 19, 2019), a case involving claims of discrimination based on religion, the court, inter alia, denied defendants’ motion to dismiss plaintiff’s federal claims.[1]The court dismissed plaintiff’s state law discrimination claims under Fed. R. Civ. P. 12(b)(1) on Eleventh Amendment (sovereign immunity)…

Read More Hostile Work Environment Claim, Based on Anti-Semitic Comments, Survives Dismissal
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In Kinney v. Duane Reade Inc., No. 150713/17, 2019 WL 2995809, 2019 N.Y. Slip Op. 31948(U) (N.Y. Sup Ct, New York County July 09, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of discriminatory failure to promote and termination. Plaintiff, who is white and openly gay, worked for Duane…

Read More Race/Sexual Orientation Discrimination Case Against Duane Reade Survives Summary Judgment
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In Kallinikos v. New York State Dept. of Corrections and Community Supervision et al, 2019 WL 3216769 (EDNY July 17, 2019), the court, inter alia, held that plaintiff sufficiently alleged religious discrimination, in the form of a failure-to-promote, under Title VII of the Civil Rights Act of 1964. The court explained the applicable pleading standard:…

Read More Religious Discrimination Failure-to-Promote Claim Sufficiently Alleged
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A recent decision, Konteye v. NYC Dept. of Education et al, 2019 WL 3229068 (S.D.N.Y. July 18, 2019), yet again illustrates that not every perceived workplace slight gives rise to an actionable “hostile work environment” claim. From the decision: [C]onsidering the totality of the circumstances, Plaintiff failed to meet his burden of showing that “[his]…

Read More Title VII Hostile Work Environment Claim Dismissed; Notwithstanding Allegations of Verbal “Harassment”, Screaming, Criticism, Etc.
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In a recent New York State Court filing, petitioner Andrea Tantaros – in the matter of Tantaros v. Fox News Channel, LLC et al, Index No. 156936/2019 – seeks a Temporary Restraining Order precluding Respondents from continuing to arbitrate Petitioner’s sexual harassment allegations, to grant her request for a preliminary and permanent injunction staying the…

Read More Andrea Tantaros Attempts to Utilize NY’s New Anti-Arbitration Law in New Filing
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In Cao-Bossa v. New York State Dep’t of Labor, 18-CV-0509, 2019 WL 2743505 (N.D.N.Y. July 1, 2019), the court, inter alia, held that plaintiff should be permitted to amend her complaint to add a claim for national origin discrimination. From the decision: As to Plaintiff’s claim for national origin discrimination, Defendant argues that amendment would…

Read More National Origin Discrimination Claim by Chinese Plaintiff May Proceed; Persons Identified as “American” Were Appropriate Comparators
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