From Coyle v. College of Westchester, Inc., 2018 NY Slip Op 07699, 2018 NY Slip Op 07699 (App. Div. 2d Dept. Nov. 14, 2014): We agree with the Supreme Court’s determination to grant that branch of the defendants’ motion which was to dismiss the cause of action alleging violation of Labor Law § 740, commonly known as…
Read More Court Affirms Dismissal of Labor Law 740 Whistleblower Law ClaimIn Ferraro v. New York City Department of Education, 2018 WL 5881663 (2d Cir. Nov. 9, 2018) (Summary Order), the court affirmed the district court’s dismissal of plaintiff’s claims of disability discrimination, retaliation, and hostile work environment pursuant to the Americans with Disabilities Act of 1990, New York State Human Rights Law, and the New York City…
Read More Employment Discrimination Claims Collaterally Estopped by Findings at 3020-a Hearing, Court HoldsIn a decision handed down yesterday, Collins v. Resource Center for Independent Living, 17-CV-0925, 2018 WL 5983377 (N.D.N.Y. Nov. 14, 2018), the court, inter alia, granted defendant’s motion to dismiss – on the pleadings, under Fed. R. Civ. P. 12(c) – plaintiff’s Title VII race-based hostile work environment claim. From the decision: [T]he Court finds that…
Read More Hostile Work Environment Claim Dismissed on the Pleadings; Court Cites Absence of Racially Derogatory StatementsIn Wilson v. National Grid USA Service Company, Inc. et al, 2018 WL 5886438 (N.D.N.Y. Nov. 9, 2018), the court dismissed plaintiff’s race- and gender-based hostile work environment claims. Here is the court’s summary of the relevant law: To state a hostile work environment claim in violation of Title VII, a plaintiff must plead facts that…
Read More Hostile Work Environment Claim Dismissed; Alleged Racial Comments Were Not Heard FirsthandFrom White v. Town of Huntington, 14-CV-7370, 2018 WL 5624148 (E.D.N.Y. Oct. 30, 2018): [P]laintiff claims that, in certain instances, his qualifications exceeded those of non-minority applicants who successfully obtained the subject positions. As the Second Circuit has held: *5 When a plaintiff seeks to prevent summary judgment on the strength of a discrepancy in…
Read More Race Discrimination Claim “Narrowly” Survives Summary JudgmentIn Vitti v Macy’s Inc., No. 152875/2018, 2018 WL 5787308, 2018 N.Y. Slip Op. 32809(U) (Sup Ct, New York County Nov. 05, 2018), the court granted defendant’s motion to dismiss plaintiff’s claims for disability discrimination and retaliation under the New York State and City Human Rights Laws. This case was not decided based on the merits,…
Read More Disability Discrimination & Retaliation Claims Dismissed on “Procedural” GroundsIn McPartlan-Hurson v. Westchester Community College, 13-CV-2467, 2018 WL 5801057 (S.D.N.Y. Nov. 5, 2018), the court held that evidence pertaining to plaintiff’s (dismissed) discrimination claims was relevant, and admissible, on her retaliation claim under Title VII of the Civil Rights Act of 1964. The law, as summarized by the court: To make out a claim of…
Read More Discrimination Evidence Ruled Admissible on the Issue of RetaliationIn Schmitt v. City of New York et al, 15-CV-05992, 2018 WL 5777019 (E.D.N.Y. Nov. 1, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s disability-related hostile work environment claims. This decision teaches, among other things, that the facts underlying such claims must be evaluated as a whole, rather than piecemeal.…
Read More Disability-Related Hostile Work Environment Claims Survive Summary JudgmentFrom Moore v. City of New York, 18-947-cv, 2018 WL 5779912 (2d Cir. Nov. 2, 2018) (Summary Order): In dismissing Moore’s claims, the District Court primarily held that Moore failed adequately to state a case of employment discrimination under Title VII and § 1981 because the allegations in the complaint itself showed that she could…
Read More Discrimination Claims Dismissed; Failure to Meet NYC Residency Requirement Rendered Plaintiff Unqualified For PositionIn Felder v. United States Tennis Association Inc., 17-cv-5045, 2018 WL 5621484 (S.D.N.Y. Oct. 30, 2018), the court, inter alia, explained and applied the :”joint employer” doctrine under Title VII of the Civil Rights Act of 1964. In sum, plaintiff (a 50 year old black man) was employed by a security company (AJ Security) that…
Read More Court Explains “Joint Employer” Doctrine; Finds it Inapplicable to Claim by US Tennis Association Subcontractor Employee