Employment Discrimination

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In Abreu et al v. Fairway Market LLC et al, 17-cv-9532, 2018 WL 3579107 (S.D.N.Y. July 24, 2018), the court granted defendants’ motion to compel arbitration of plaintiffs’ employment discrimination claims under the  Federal Arbitration Act, 9 U.S.C. § 1 et seq. In this case, plaintiffs alleged “that Fairway Market and its employees discriminated and…

Read More Court Grants Motion to Compel Arbitration; Economic Duress Argument Rejected
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In Saber v. New York State Department of Financial Services, 15-cv-5944, 2018 WL 3491695 (S.D.N.Y. July 20, 2018), the court held that the jury’s $2.5 million verdict was excessive, and held that $125k was more appropriate. The court summarized the evidence of emotional distress as follows: At the trial, Plaintiff testified that he felt “extremely…

Read More Court Remits $2.5 Million Emotional Distress Jury Award to $125,000 in Discrimination Case
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In Saber v. New York State Department of Financial Services, 15-cv-5944, 2018 WL 3491695 (S.D.N.Y. July 20, 2018), the court, inter alia, upheld a jury verdict that defendant discriminated against plaintiff – by not promoting him – because of his national origin (Iranian). Among the evidence of discrimination was a comment that plaintiff was “hiding yellow…

Read More Court Upholds Jury’s Finding for Plaintiff on National Origin Discrimination Claim
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In Fields v. New York City Health and Hospital Corporation, 17-cv-6042, 2018 WL 3518506 (E.D.N.Y. July 20, 2018), the U.S. District Court for the Eastern District of New York, inter alia, dismissed plaintiff’s claims of race and national origin discrimination under Title VII of the Civil Rights Act of 1964 and the New York City Human…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Dismissed Against NYC Health & Hospital Corporation
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In Ray v. New York State Insurance Fund, 16-cv-2895, 2018 WL 3475467 (S.D.N.Y. July 18, 2018), the court, inter alia, dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964 because the plaintiff did not “exhaust administrative remedies.” The court summarized the law: “[E]xhaustion of administrative remedies through the EEOC…

Read More Hostile Work Environment Claim Dismissed Due to Lack of Administrative Exhaustion
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In Wander v. St. John’s Univ., 2018 NY Slip Op 05353 (App. Div. 2d Dept. July 18, 2018), an age discrimination case, the court held that plaintiffs should be permitted to supplement the complaint to, inter alia, enumerate their damages related to the termination of their employment. From the decision: In the absence of prejudice or…

Read More Age Discrimination Plaintiffs Permitted to Amend Complaint, Court Rules
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In Fullwood v. Sodexo, Inc. et al, 16-cv-6527, 2018 WL 3439866 (WDNY July 17, 2018), the court, inter alia, dismissed plaintiff’s race- and sex-based hostile work environment claims. As to her sex-based claim, the court explained: Plaintiff also claims that sexual harassment caused a hostile work environment. Pl. Mem. at 20. The Court has reviewed…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Use of the Word “Bitch”, While “Rude and Boorish”, Was Not Enough
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In Durden v. Metropolitan Transit Authority, 17-cv-5558, 2018 WL 3360757 (S.D.N.Y. July 10, 2018), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation that it grant defendant’s motion to dismiss plaintiff’s claim for gender discrimination under Title VII of the Civil Rights Act of 1964. The facts, in sum: plaintiff was accused by a…

Read More Gender Discrimination Claim Dismissed; Sexual Harassment Allegation Not Motivated by Discriminatory Animus
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