Judge: Andrew L. Carter

In Herman v. City of New York et al, 21-cv-6295 (ALC), 2023 WL 6386887 (S.D.N.Y. Sept. 29, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of hostile work environment, based on his Jewish religion, under the New York State and City Human Rights Laws. From the decision: Here, Plaintiff alleges that…

Read More Religion-Based Hostile Work Environment Claims, Based in Part on Single Anti-Semitic Remark, Survive Dismissal
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In a recent case, Symotyuk-Knoll v. Healthequity, Inc., 1:21-CV-08348 (ALC), 2023 WL 5576405 (S.D.N.Y. August 29, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Retaliation Claims Sufficiently Alleged; Termination Followed Pregnancy Leave Request
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In Blumstein-Torrella v. New York City Department of Education et al, 19-cv-3492 (ALC), 2023 WL 5097873 (S.D.N.Y. August 9, 2023), the court, inter alia, dismissed plaintiff’s claims for religious discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Religious Discrimination Claims Dismissed Against the NYC Department of Education
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In Yu et al v. Shanghai Dumpling, Inc. et al, 2023 WL 3728347 (S.D.N.Y. May 30, 2023), the court, inter alia, granted plaintiff’s motion for default judgment on plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act. From the decision: Plaintiff’s first cause of action asserts a claim for employment discrimination…

Read More Age Discrimination (Termination) Claim Sufficiently Alleged Against Shanghai Dumpling; Default Judgment Awarded
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In a somewhat terse opinion, the court in Tantaros v. Fox News Network, LLC et al, 2022 WL 4614755 (S.D.N.Y. Sept. 30, 2022) held that New York’s relatively recently-enacted CPLR § 7515 is inconsistent with (and preempted by) the Federal Arbitration Act, and dismissed plaintiff’s sexual harassment case. The court reasoned: In interpreting the Federal…

Read More Andrea Tantaros’ Sexual Harassment Case Dismissed; Federal Arbitration Act Preempts State Law Arbitration Statute
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In Stancu v. New York City/Parks Dept., 20-CV-10371(ALC), 2022 WL 4581844 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To establish a hostile work environment … a plaintiff must show…

Read More Religion-Based Hostile Work Environment Claim Sufficiently Alleged
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In Ibela v. Allied Universal, 20-cv-3800, 2021 WL 3077482 (S.D.N.Y. July 20, 2021), the court held that plaintiff’s failure to specify his “disability” was a fatal pleading defect, resulting in the dismissal of his complaint alleging disability discrimination under the Americans with Disabilities Act. From the decision: In his Amended Complaint, Plaintiff never specified what…

Read More Failure to Specify Disability Results in Dismissal of ADA Discrimination Complaint
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In Kraiem v. Jonestrading Institutional Services LLC, No. 19-5160, 2021 WL 2134818 (S.D.N.Y. May 26, 2021), the court, inter alia, granted plaintiff’s motion for leave to amend her First Amended Complaint to include an “aiding and abetting” theory of liability against one individual defendant (Mazzullo). From the decision: Plaintiff sufficiently alleges that Mazzullo aided and…

Read More Aiding-and-Abetting Claim Against Individual Defendant Sufficiently Alleged in Hostile Work Environment Sexual Harassment Case
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In Kohler v. Federal Emergency Management Agency, et al, 17-cv-07839, 2021 WL 1240322 (S.D.N.Y. April 2, 2021), the court, inter alia, ruled against plaintiff on her sex/gender-based hostile work environment claim. The court outlined the legal elements of such a claim: A plaintiff claiming that her employer created or tolerated a hostile work environment based…

Read More Sex-Based Hostile Work Environment Claim Dismissed Against FEMA
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In Green v. New York City Transit Authority et al, 15-cv-8204, 2020 WL 5632743 (S.D.N.Y. Sept. 21, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim. Federal & State Law As to plaintiff’s claims under Title VII of the Civil Rights Act of 1964 and the…

Read More Sexual Harassment/Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Name-Calling, Pornography
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