FRCP 12(b)(6)

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In Gomez v. Stonybrook Univ., 14-cv-7219, 2016 WL 1039539 (E.D.N.Y. Jan. 28, 2016), report and recommendation adopted, 2016 WL 1045536 (E.D.N.Y. Mar. 15, 2016), the court held that plaintiff did not suffer an “adverse employment action” and hence dismissed her discrimination claim. (The below text is taken from the Magistrate’s Report and Recommendation.) This case…

Read More Denial of Transfer Did Not Amount to an “Adverse Employment Action”
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In employment discrimination law, the term “unlawful employment practice” has a very specific meaning. In Cooper v. New York State Department of Labor, 15-3392 (2nd Cir. April 26, 2016), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Here are the (summarized) facts: In December…

Read More 2d Circuit: Title VII Retaliation Claim Was Properly Dismissed; Amendment of Internal Procedures Was Not an “Unlawful Employment Practice”
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Motta v. Glob. Contract Servs. Inc., No. 15 CIV. 8555 (LGS), 2016 WL 1611489 (S.D.N.Y. Apr. 21, 2016) is instructive on the “aiding and abetting” liability provisions of the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). Plaintiffs worked as call center representatives at Global Contract Services, Inc.…

Read More Access-A-Ride Call Center Employees Fail to Sufficiently Allege “Aiding and Abetting” Discrimination, Sexual Harassment, Hostile Work Environment, and Retaliation Claims Against the NYCTA and MTA
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In Guzman v. Concavage Marine Constr. Inc., No. 14-CV-8587 (KMK), 2016 WL 1273285 (S.D.N.Y. Mar. 31, 2016), the court denied defendants’ motion to dismiss/strike plaintiff’s allegation that he suffered a physical workplace injury as a result of his employer’s owner’s racist attitude towards him, in violation of 42 U.S.C. 1981. This decision is instructive as…

Read More Hostile Work Environment Claim Arising From Alleged Racism-Caused Bodily Injury Proceeds
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In Brown v. Queens Center for Progress, No. 16 CIV 1399, 2016 WL 1171593 (E.D.N.Y. Mar. 24, 2016), Eastern District Judge Brian Cogan dismissed the pro se plaintiff’s employment discrimination complaint for failure to state a claim. The court succinctly explains what the federal anti-discrimination laws cover (and, arguably more importantly, what they do not cover): Plaintiff…

Read More Court Explains That Federal Anti-Discrimination Law Does Not Entitle Workers to be Treated Fairly, Reasonably, or Wisely
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In Day v. City of New York, No. 15CV04399, 2016 WL 1171584 (S.D.N.Y. Mar. 22, 2016), the court adopted the Magistrate Judge’s Report & Recommendation as to plaintiff’s discrimination and retaliation claims under Title VII, the NYS Human Rights Law, and the NYC Human Rights Law. In brief, the plaintiff (a male grand jury stenographer…

Read More NYC Human Rights Law Discrimination Claim, Based on Alleged Different Treatment of Reciprocal Male/Female Employee Harassment Allegations, Continues
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In Christiansen v. Omnicom Group Inc., 15-cv-3440 (SDNY March 9, 2016), the court dismissed discrimination claims brought by plaintiff, an HIV-positive openly-gay man. The court dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act and the NYS Human Rights Law. As to plaintiff’s hostile work environment claim, the court explained: Statements…

Read More Court Declines to Extend Title VII to Cover Discrimination Based on Sexual Orientation
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In Lai v. Deiorio Foods Inc., 2016 WL 814930 (NDNY Feb. 29, 2016), the court held that the (pro se) plaintiff plausibly alleged claims of employment discrimination and retaliation. Plaintiff, a Vietnam-born naturalized U.S. citizen, alleged that her Bosnian supervisor “discriminated [against], harassed, intimidated, and threatened her on a regular basis” and that she was constructively…

Read More Vietnamese Plaintiff Plausibly Alleges Employment Discrimination by Citing Examples of Bosnian Favoritism
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In Kennedy v. NYS, 14-CV-990S, NYLJ 1202751641711 (WDNY Mar. 3, 2016), the Western District of New York held that plaintiff – a member of NYS Assembly Member Dennis Gabryszak’s staff – plausibly alleged hostile work environment sexual harassment against Mr. Gabryszak under 42 U.S.C. § 1983, and therefore denied defendants’ motion to dismiss under Fed. R. Civ.…

Read More Assembly Staff Member Sufficiently Alleges § 1983 Sexual Harassment Claim Against Dennis Gabryszak
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In Riddle v. Citigroup, 15-233-cv, a Second Circuit Summary Order issued today, the court held that the district court properly dismissed plaintiff’s retaliation claim for failure to state a claim. This Order is instructive on how courts evaluate a retaliation claim based on so-called “temporal proximity” between the alleged protected activity, on the one hand,…

Read More Retaliation Claim Properly Dismissed; Sixteen Months Was Too Long to Establish “Temporal Proximity”
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