Judge: Kenneth M. Karas

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From Bernardi v. New York State Department of Corrections and Supervision et al, No. 19-cv-11867, 2021 WL 1999159 (S.D.N.Y. May 19, 2021): Here, Plaintiff alleges that his colleagues, including Rushia, told him to “go back to his own country,” made many references to Plaintiff’s immigrant status, claimed that his “guinea food stinks,” and used Italian…

Read More “Go Back to Your Country”: Hostile Work Environment Claim Survives Dismissal
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In a recent case, Rubert v. Daniel King, et al, 2020 WL 5751513 (SDNY Sept. 25, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s disparate treatment (termination) discrimination claim under 42 U.S.C. § 1981. (I wrote about the court’s denial of defendants’ motion with respect to plaintiff’s hostile work environment claim here.)…

Read More Race Discrimination (Termination) Claim Dismissed Against Walmart et al
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In a recent case, Rubert v. Daniel King, et al, 2020 WL 5751513 (SDNY Sept. 25, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim asserted under 42 U.S.C. § 1981. After summarizing the relevant law, the court applied it to the facts: Here, Plaintiff’s hostile work environment claims…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Against Walmart et al Under 42 U.S.C. § 1981
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In Lester v. Mount Pleasant Cottage School Union Free School District, 2020 WL 3618969 (SDNY July 2, 2020) (J. Karas), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate-disability claim asserted under the Americans with Disabilities Act. Applying the law to the facts, the court explained: Plaintiff alleges that he qualified as disabled…

Read More ADA Failure to Accommodate Claim Survives Dismissal
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In Pratt v. Megan J. Brennan, Postmaster General et al, 2020 WL 364195 (S.D.N.Y. Jan. 22, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: Here, Plaintiff has failed to plausibly allege a hostile work environment claim. Plaintiff argues that the Amended Complaint includes “allegations of harassing and discriminatory conduct,”…

Read More Hostile Work Environment Claim Dismissed Against U.S. Postal Service
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In ANNA WURTZBURGER, Plaintiff, v. EVERETT KORET, JERRY FLORY, JAMY FLORY, and FLORY CORP., Defendants., 16-cv-7897, 2018 WL 2209507, at *4 (S.D.N.Y. May 14, 2018), the court dismissed plaintiff’s failure-to-hire age discrimination claim under the Age Discrimination in Employment Act (ADEA). This case illustrates the importance of complying with that statute’s “administrative exhaustion” requirement. The law:…

Read More ADEA Claim Dismissed Due to Lack of Administrative Exhaustion
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In Olivier v. County of Rockland et al, 15-CV-8337, 2018 WL 401187 (SDNY Jan. 11, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claim, on the ground that it was based on time-barred conduct. The court began by observing: “Plaintiff’s Amended Complaint appears to rehash— at times in a verbatim fashion—the same time-barred disparate…

Read More Court Dismisses Race-Based Hostile Work Environment Claim, As It Was Based on Time-Barred Conduct
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