In Byer v. Periodontal Health Specialists of Rochester, PLLC et al, 2021 WL 3276725 (2d Cir. August 2, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a district court’s order granting summary judgment to defendant on plaintiff’s racial harassment case asserted under the New York State Human Rights…
Read More Race-Based Hostile Work Environment Claim Survives Summary JudgmentA recent decision, Estevez v. Berkeley College et al, 18-cv-10350, 2021 WL 3115452 (S.D.N.Y. July 19, 2021), once again discusses when alleged gender-based conduct crosses the line and becomes an actionable “hostile work environment.” As the court’s detailed decision addresses a number of additional issues (including whether the alleged conduct was “because of” plaintiffs’ sex),…
Read More Hostile Work Environment Claim Dismissed; Comments About Appearance Were Not “Severe or Pervasive”In Rettino v. New York City Department of Education et al, 19-cv-5326, 2021 WL 2987113 (S.D.N.Y. July 15, 2021), the court, inter alia, dismissed plaintiff’s age-based hostile work environment claim under the Age Discrimination in Employment Act of 1967. The court outlined the elements of such a claim as follows: The ADEA’s prohibition of a…
Read More Age-Based Hostile Work Environment Claim Dismissed Against NYC Dept. of EducationIn Corradino v. Liquidnet Holdings Inc. & Seth Merrin, 19 Civ. 10434, 2021 WL 2853362 (S.D.N.Y. July 8, 2021) (J. Schofield), the court, inter alia, held that the plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…
Read More Retaliation Claims, Arising From Sexual Harassment Complaint, Sufficiently Alleged Against Liquidnet Holdings, Court HoldsIn Corradino v. Liquidnet Holdings Inc. & Seth Merrin, 19 Civ. 10434, 2021 WL 2853362 (S.D.N.Y. July 8, 2021) (J. Schofield), the court, inter alia, held that the plaintiff sufficiently alleged “hostile work environment” sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…
Read More Sexual Harassment / Hostile Work Environment Sufficiently Alleged Against Liquidnet Holdings, Court HoldsIn Gerald v. DCV Holdings, Inc., et al, 17-CV-6525, 2021 WL 2809915 (E.D.N.Y. July 6, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State Human Rights Law, and…
Read More Race Discrimination Claims Survive Summary Judgment; Court Notes Evidence of Decades-Long Egregious Discrimination, Abuse, and Racist LanguageIn Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff (a homosexual Hispanic male who alleges he suffers from panic disorder, anxiety, post-traumatic stress disorder (PTSD), claustrophobia, and HIV) sufficiently alleged a claim for hostile work…
Read More Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law Against NYC Health & Hospitals Corp.In Betances v. Popular Bank, No. 157355/2019, 2021 WL 2651094 (N.Y. Sup Ct, New York County June 23, 2021), the court, inter alia, dismissed plaintiffs’ hostile work environment sexual harassment claims under the New York City Human Rights Law. From the decision: To establish a hostile work environment claim under the NYCHRL, “the primary issue…
Read More Sexual Harassment / Hostile Work Environment Claims Dismissed Against Popular BankIn Lewis v. Kaleida Health, No. 20-cv-1860, 2021 WL 2592341 (W.D.N.Y. June 24, 2021), the court granted defendant’s motion to dismiss plaintiff’s age discrimination claim, asserted under the Age Discrimination in Employment Act of 1967 (ADEA). From the decision: “While discrete claims of discrimination and retaliation must be brought within the 300-day limitations period to…
Read More Age-Based Hostile Work Environment Claim Dismissed; Age and Seniority Alone SufficientIn Polite v. Marquis Marriot Hotel et al, No. 509830/15, 2021 N.Y. Slip Op. 04046, 2021 WL 2558121 (N.Y.A.D. 2 Dept. June 23, 2021), the court affirmed the dismissal of plaintiff’s employment discrimination, unlawful retaliation, and hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision is instructive…
Read More Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed Against Marquis Marriot Hotel