Judge: Edgardo Ramos

by

In Shi v. Batgatelle International, Inc., 220-cv-8473 (ER), 023 WL 4187557 (S.D.N.Y. June 26, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race and national origin discrimination claims. While defendant alleges that it terminated plaintiff due to her performance, plaintiff alleges that she was terminated because of her race, national…

Read More Race, National Origin Discrimination Claims Against Bagatelle Survive Summary Judgment
Share This:
by

In Tatas v. Ali Baba’s Terrace, Inc. et al, 2022 WL 18027620, (S.D.N.Y. Dec. 30, 2022), the court, inter alia, denied defendants’ motion for reconsideration of the court’s prior order that there existed a genuine issue of material fact on plaintiff’s race and national origin discrimination claims. In sum, in this case the plaintiff (who…

Read More National Origin Discrimination Claim Proceeds; National Origin of Alleged Discriminator Was Not a “Material” Issue
Share This:
by

In Doe v. Benjamin Zaremski M.D., P.C. et al, 21 Civ. 3187 (ER), 2022 WL 2966041 (S.D.N.Y. July 27, 2022), the court held that the applicable standard for making our a claim under the New York City Human Rights Law’s “public accommodation discrimination” provision, N.Y.C. Admin. Code § 8-107(4), is that the aggrieved person was…

Read More Court Broadly Interprets the NYC Human Rights Law’s Public Accommodation Discrimination Provisoin
Share This:
by

In Shiber v. Centerview Partners LLC, 21 Civ. 3649, 2022 WL 1173433 (S.D.N.Y. April 20, 2022), the court dismissed plaintiff’s disability discrimination claims asserted under the New York State and New York City Human Rights Laws. This decision is instructive as to how courts apply those statutes’ geographic (“impact”) test in the increasingly-prevalent factual context…

Read More NYCHRL Disability Discrimination Claim Dismissed; Geographic “Impact” Requirement Not Satisfied
Share This:
by

In Ramirez v. Temin & Company, Inc. et al, 20 Civ. 6258, 2021 WL 4392303 (S.D.N.Y. Sept. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged race, color, national origin, and sex discrimination under the New York City Human Rights Law. From the decision: Here, Ramirez alleges that [company owner] Temin suggested she…

Read More Race, Color, National Origin, Sex Discrimination Claims Sufficiently Alleged; Court Cites Comments Reflecting “Racial and Gendered Stereotypes”
Share This:
by

In Bonterre v. City of New York et al, 18 Civ. 745, 2021 WL 4060358 (SDNY Sept. 7, 2021), the court, inter alia, denied defendants’ motion – under Federal Rule of Civil Procedure 12(c) – to dismiss plaintiff’s sexual harassment / hostile work environment claim. The court explained: In [the Second] Circuit, courts determining whether…

Read More Sexual Harassment Claim, Based on “Broomstick” Incident, Survives Dismissal
Share This:
by

In Vega v. Department of Education, 2020 WL 6727803 (S.D.N.Y. Nov. 16, 2020), the court, inter alia, dismissed plaintiff’s retaliation claim. From the decision: Vega alleges that she was terminated in March 2019 in retaliation for filing her previous case, Vega I, in July 2018. Doc. 30 ¶ 20. To sufficiently plead a prima facie…

Read More Disability-Based Retaliation Claim Dismissed; Causation Undermined by Nine-Month Gap Between Protected Activity and Adverse Action
Share This:
by

In Doe v. Solera Capital LLC, 18-cv-1769, 2019 WL 1437520 (S.D.N.Y. March 31, 2019) – in which plaintiff alleges employment discrimination and a hostile work environment on the basis of race and plaintiff’s status of a survivor of domestic violence, retaliation, and failure to pay overtime – the court, inter alia, dismissed defendant’s counterclaim alleging…

Read More “Faithless Servant” Counterclaim Dismissed; Alleged Wrongdoing Insufficient
Share This:
by

In a recent decision, Feldesman v. Interstate Hotels LLC, 16-cv-9352, 2019 WL 1437576 (S.D.N.Y. March 31, 2019), the court, inter alia, explained that, under the circumstances, so-called “sex neutral” events contributed to plaintiff’s actionable hostile work environment claim. From the decision: Interstate also asserts that the evidence establishes that struggles about money, authority, and bar…

Read More Court Finds “Sex Neutral” Events Contributed to Actionable Hostile Work Environment Against Hotel Employer
Share This:
by

In Felder v. United States Tennis Association Inc., 17-cv-5045, 2018 WL 5621484 (S.D.N.Y. Oct. 30, 2018), the court, inter alia, explained and applied the :”joint employer” doctrine under Title VII of the Civil Rights Act of 1964. In sum, plaintiff (a 50 year old black man) was employed by a security company (AJ Security) that…

Read More Court Explains “Joint Employer” Doctrine; Finds it Inapplicable to Claim by US Tennis Association Subcontractor Employee
Share This: