Employment Discrimination

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In Tantaros v. Fox News Network, LLC et al, 17-cv-2958, 2018 WL 2731268 (SDNY May 18, 2018), the court dismissed, under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claims under the federal Wiretap Act, as well as intentional infliction of emotional distress. Plaintiff alleged, inter alia, “that Defendants physically surveilled her and secretly recorded her…

Read More Court Dismisses “Retaliatory Surveillance” Claim: Tantaros v. Fox News
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In Parron v. Verizon New York, Inc. et al, 17-cv-3848, 2018 WL 2538221 (S.D.N.Y. May 15, 2018), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s age discrimination and hostile work environment claims under the Age Discrimination in Employment Act (ADEA). In finding that plaintiff did not show that his suspension occurred in…

Read More Age Discrimination Complaint Dismissed; Court Rejects Argument that Suspension for “Memory Issues” Was Discriminatory
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In Whitehurst v. Staten Island University Hospital et al, , 18-cv-1090, 2018 WL 2744710 (E.D.N.Y. June 6, 2018), the court, inter alia, denied plaintiff’s motion to remand her case back to state court. In evaluating plaintiff’s claims of disability discrimination against the Union, the court explained: To make out a claim under either the NYCHRL…

Read More Court: Union’s Decision Not to Pursue Arbitration Not Shown as Being “Because of” Disability (Sleep Apnea)
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In Mondesir v. North Shore-Lij Health System, 2018 WL 2722866 (N.Y. Sup. Ct. No. 150572/2017 June 6, 2018), the court dismissed plaintiff’s race-based hostile work environment employment discrimination claim.[1]Plaintiff filed a Notice of Appeal on June 8, 2018. Specifically, the court rejected plaintiff’s contention that a racially hostile work environment was created by her supervisor’s reference…

Read More Court Dismisses Hostile Work Environment Claim Based on Use of the Word “Girl” Towards Black Woman
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In Mayo-Coleman v. American Sugar Holdings, Inc., 14-cv-79, 2018 WL 2684100 (S.D.N.Y. June 5, 2018), the court, inter alia, held that a $1.7 million jury verdict in plaintiff’s favor on her sexual harassment/hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law should…

Read More Court Remits Jury Award of $1.7M to $500,000 for Emotional Damages in Sexual Harassment Case
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In Watkins v. New York City Health and Hospitals Corp., 2018 NY Slip Op 31054, 2018 WL 2445548 (N.Y. Sup. Ct. Index No. 152836/2013, May 11, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claims under the New York State and City Human Rights Laws. Here I will focus on the court’s assessment of…

Read More Hostile Work Environment Claims Dismissed; Negative Comments Insufficient
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In Canady v. Univ. of Rochester, et al (2d Cir. 17-1952 May 30, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim against Rochester University. Here is the relevant law, as summarized by the court: To state a prima facie case for Title VII retaliation a plaintiff must show: “(1) participation in…

Read More 2d Circuit Affirms Dismissal of Retaliation Claim Against Rochester University
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In Krause v. Kelehan, 17-CV-1045, 2018 WL 2021484 (N.D.N.Y. April 26, 2018), the court – applying the “continuing violation doctrine” – held that plaintiff sufficiently alleged a timely hostile work environment claim against the defendants.[1]The court also held, inter alia, that plaintiff’s discrimination claims survive dismissal. From the decision: Like Plaintiff’s discrimination claim, her hostile…

Read More Hostile Work Environment Claim Survives Dismissal; Court Applies the “Continuing Violations Doctrine”
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In a recent (May 29, 2018) Petition for Writ of Certiorari, filed in Altitude Express, Inc. v. Zarda, the petitioner seeks to overturn the Second Circuit’s en banc decision holding that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination based on “sex” also prohibits discrimination based on “sexual orientation.”

Read More Petition for Writ of Certiorari Asks SCOTUS to Overturn 2d Circuit En Banc Zarda Decision That Title VII Prohibits Discrimination Based on Sexual Orientation
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