Judge: Brian Cogan

by

In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. From the decision: To state a claim for retaliation under Section 1981, a plaintiff must plead: “(i) she engaged in…

Read More Section 1981 Retaliation Claim Survives Dismissal
Share This:
by

In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. In sum, plaintiff, a Hispanic woman who worked as a JFK Airport barista, alleged (among other things) that her…

Read More Hispanic JFK Barista Sufficiently Alleges Race Discrimination Under 42 U.S.C. § 1981
Share This:
by

In Gahfi v. New York City Department of Education, 23-cv-1782 (BMC), 2025 WL 675933 (E.D.N.Y. Feb. 28, 2025), the court, inter alia, held that the plaintiff sufficiently alleged a claim of religion-based discrimination under Title VII of the Civil Rights Act of 1964. From the decision: “At the pleadings stage … a plaintiff must allege…

Read More Religious Discrimination Claims Survive Dismissal, Court Holds
Share This:
by

In Moore v. Uncle Giuseppe’s Marketplace et al, 22-cv-544 (BMC), 2024 WL 4350691 (E.D.N.Y. Sept. 30, 2024), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under 42 USC § 1981. From the decision: I will assume arguendo, as some district courts within this Circuit have suggested, that “severe and pervasive” may…

Read More Race-Based Hostile Work Environment Claim Dismissed, in Light of “Wrath of God” Employer Response
Share This:
by

In Bonaffini v. City University of New York and Anne Lopes, 2021 WL 2895688 (E.D.N.Y. July 9, 2021), the court addressed an interesting issue, namely: whether an individual defendant may be liable for discrimination under the New York State and City Human Rights Laws, notwithstanding that their government employer is entitled to sovereign immunity. The…

Read More NYS and NYC Human Rights Law Discrimination Claims May Proceed Against Individual Provost, Notwithstanding CUNY’s Sovereign Immunity
Share This:
by

In Wallace v. City of New York, 19-cv-4545, 2020 WL 4336391 (EDNY July 28, 2020), the court, inter alia, denied plaintiff’s motion to reconsider its earlier decision dismissing plaintiff’s claim of race discrimination for failure to state a claim. This decision is instructive both as to what a plaintiff must allege to meet their pleading…

Read More Court Denies Motion for Reconsideration in Race Discrimination Case
Share This:
by

In Kornmann v. City of New York Business Integrity Commission, 2020 WL 3165537 (E.D.N.Y. June 15, 2020), the court, inter alia, denied defendants’ motion for summary judgment seeking dismissal of plaintiff’s claim of disability discrimination. From the decision: For purposes of this motion, defendants do not dispute that plaintiff has satisfied the first three factors…

Read More Disability Discrimination Case Survives Summary Judgment Against City of New York Business Integrity Commission
Share This:
by

A recent decision from the Eastern District of New York, Henek v. CSC Holdings, LLC, 2020 WL 1516460 (E.D.N.Y. March 30, 2020) (J. Cogan), is instructive as to what a plaintiff must show – specifically, what will (in the court’s words) “not cut it” – when opposing a summary judgment in an employment discrimination case.…

Read More Religion/National Origin Discrimination Claims Dismissed; “Contentions” and “Beliefs” “Do Not Cut It”
Share This:
by

In Kallinikos v. New York State Dept. of Corrections and Community Supervision et al, 2019 WL 3216769 (EDNY July 17, 2019), the court, inter alia, held that plaintiff sufficiently alleged religious discrimination, in the form of a failure-to-promote, under Title VII of the Civil Rights Act of 1964. The court explained the applicable pleading standard:…

Read More Religious Discrimination Failure-to-Promote Claim Sufficiently Alleged
Share This: