Judge: James L. Cott

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In Brown v. Montefiore Medical Center, 19-CV-11474, 2022 WL 392313 (S.D.N.Y. February 9, 2022), the court, inter alia, denied plaintiff’s motion to amend his complaint – which alleged employment (race) discrimination, hostile work environment, and retaliation – to allege constructive discharge stemming from a hostile work environment claim. (In a prior decision, dated March 25,…

Read More Request to Amend Race Discrimination Complaint to Add Constructive Discharge Claim Denied as “Futile”
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In Bernheim v. New York City Department of Education et al, 2021 WL 2619706 (S.D.N.Y. June 25, 2021), the court, inter alia, recommended the dismissal of plaintiff’s age- and disability-based hostile work environment claims asserted under the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the New York State Human Rights Law.…

Read More Teacher’s Hostile Work Environment Claims Dismissed
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In Carrington v. Mota & City of New York, 2017 WL 3835883 (S.D.N.Y. Aug. 31, 2017),[1]I wrote about the court’s evaluation of plaintiff’s “disparate treatment” race discrimination claim here. the court recommended the dismissal of plaintiff’s hostile work environment claim. From the decision: Carrington’s factual allegations do not create a plausible inference that she has…

Read More Hostile Work Environment Claim Dismissed; “Nasty Tone” Was Not “Severe”, and Alleged Hostility Was Disconnected From Employee’s Race
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In Carrington v. Mota & City of New York, 2017 WL 3835883 (S.D.N.Y. Aug. 31, 2017), the court recommended the dismissal of plaintiff’s race discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964 (but gave her an opportunity to amend her complaint). As to plaintiff’s race discrimination…

Read More Court Dismisses Race Discrimination Claim; Adverse Action, Inference of Discrimination Insufficiently Alleged
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In Walker v. H & M Henner & Mauritz LP, 16-cv-03818 (SDNY Sept. 16, 2016), the court granted the plaintiff’s motion to quash subpoenas that defendant proposed to serve on plaintiff’s former and current employers and schools she attended, in order to support its “after acquired evidence” defense. Defendant argued that “during the course of…

Read More Court Quashes Subpoenas to Obtain Prior Employment Information to Support “After Acquired Evidence Defense” in Race Discrimination Case
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In Petyan v. New York City Law Dept., 14-cv-1434, 2015 WL 1855961 (SDNY April 23, 2015), the court recommended the dismissal of plaintiff’s national origin (Israeli) discrimination and hostile work environment claims, but held that plaintiff plausibly alleged retaliation in the form of a negative performance evaluation. The court held: The law in [the Second] Circuit…

Read More Retaliation Claim, But Not National Origin Discrimination Claim, Survives Dismissal
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