“Joint Employer” Doctrine

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In Brown v. Winston Staffing LLC, No. 159405/2025, 2026 WL 964813 (N.Y. Sup. Ct. Apr. 07, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the New York State Human Rights Law. From the decision: Plaintiff has a long-term injury to her left foot which causes her to walk…

Read More Disability Discrimination Claim Sufficiently Alleged; Allegations Included Mocking of Plaintiff’s Foot Injury
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In Abraham v. New York City, No. 154577/2024, 2025 WL 1907928 (N.Y. Sup Ct, New York County July 10, 2025), the court, inter alia, held that the “joint employer” doctrine did not apply, and thus granted defendants’ motion to dismiss plaintiff’s employment discrimination claims against defendants New York City and the New York City Department…

Read More Joint Employment Doctrine Held Not to Apply to Municipal Defendants
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In Lazarine v. Allied Universal Event Services, No. 153143/2023, 2024 WL 3312472 (N.Y. Sup Ct, New York County July 01, 2024), the court granted defendant Columbia University School of Nursing’s motion to dismiss plaintiff’s employment discrimination claims against it. In sum, plaintiff worked as a security guard for defendant Allied Universal and was assigned to…

Read More Finding Elements of “Joint Employment” Lacking, Court Dismisses Employment Discrimination Claims Against Columbia University
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In Perez v. RJR Maintenance Group Inc., No. 652938/2023, 2024 WL 1532761 (N.Y. Sup Ct, New York County Apr. 5, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under the New York State and City Human Rights Laws. In reaching its conclusion, the court employed the “joint employer”…

Read More Applying “Joint Employer” Doctrine, Court Denies Motion to Dismiss National Origin Discrimination Claims
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In Weiss v. Premier Technologies, 2023 WL 3314691 (W.D.N.Y. May 9, 2023), the court held that plaintiff sufficiently alleged that AT&T was plaintiff’s “joint employer.” This decision provides helpful guidance regarding the application of this doctrine. From the decision: “The standard for whether an entity is a joint employer for Title VII and [NYHRL] purposes…

Read More Plaintiff Plausibly Alleges “Joint Employment” Doctrine Against AT&T
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In Toledo v. Brend Restoration, LLC et al, No. 21 Civ. 882 (GBD) (SN), 2023 WL 3381249 (S.D.N.Y. May 11, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. This result turns on the application of the “joint employer”…

Read More Title VII Sexual Harassment Claim Dismissed Against Entity Held Not to be “Joint Employer”
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In Pittman v. Yantiss et al, No. 151274/2020, 2022 WL 2238886 (N.Y. Sup Ct, New York County June 15, 2022), the court, inter alia, denied defendants’ motion to dismiss her claims of retaliation in violation of the New York State and City Human Rights Laws. (I addressed the court’s decision denying defendants’ motion to dismiss…

Read More Retaliation Claim Sufficiently Alleged: Pittman v. Yantiss et al
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In Felder v. United States Tennis Association, 2022 WL 663145 (2d Cir. March 7, 2022), the Second Circuit considered the question of what a Title VII plaintiff must adequately allege to plead the existence of an employer-employee relationship pursuant to the “joint employer” doctrine. The alleged facts, in sum/brief: a security company (AJ Security) hired…

Read More Second Circuit Clarifies Application of the “Joint Employer” Doctrine to Title VII Discrimination Claims
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In Montiel v. Degeorgio, No. 155126/2019, 2022 WL 783951 (N.Y. Sup Ct, New York County Mar. 15, 2022), the court, inter alia, denied defendants’ motion to dismiss employment discrimination claims asserted by plaintiff under the New York City and State Human Rights Laws. Among other things, plaintiff – a 38 year-old Hispanic male employed as…

Read More Discrimination, Hostile Work Environment Claims Sufficiently Alleged Against Boat Basin Café
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In Griffith v. Coney Food Corp. d/b/a Checkers et al, 2020 WL 4748452 (E.D.N.Y. August 17, 2020) – a gender/pregnancy discrimination case – the court, inter alia, held that plaintiff alleged sufficient facts that defendant (Checkers) is her “joint employer” under the New York State and City Human Rights Laws. The court summarized the contours…

Read More Gender/Pregnancy Discrimination Plaintiff Overcomes Motion to Dismiss Based on “Joint Employer” Doctrine
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