Judge: Laura Taylor Swain

In a recent case, Gamble v. Fieldston Lodge Nursing and Rehabilitation Center et al, No. 20-CV-10388-LTS, 2023 WL 6393739 (S.D.N.Y. Sept. 30, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that…

Read More Title VII Sexual Orientation Discrimination Claim Survives Summary Judgment
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In Collymore v. City of New York et al, 16-CV-8270-LTS-OTW, 2023 WL 5834784 (S.D.N.Y. Sept. 8, 2023), the court granted defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. Under the operative statutes, plaintiff was required to show that the discriminatory harassment she experienced was “because of” a protected characteristic – here, sex. Applying…

Read More Sexual Harassment Claims Dismissed; Alleged Touching Was Not Sex-Based
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In Washington v. NYC Madison Avenue Medical P.C. et al, No. 20-CV-03446-LTS-SN, 2023 WL 4980215 (S.D.N.Y. August 3, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sex/pregnancy discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. In sum,…

Read More Pregnancy Discrimination Case Survives Summary Judgment
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In Mackenzie v. New York City Dept. of Education, No. 21-CV-5711-LTS, 2023 WL 2711848 (S.D.N.Y. March 30, 2023), the court denied defendants’ motion to dismiss plaintiff’s age discrimination claims asserted under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights Law. From the decision:…

Read More Teacher Plausibly Alleges Age Discrimination, Court Holds
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In Romano v. A360 Media, LLC, No. 1:20-cv-08988-LTS-OTW, 2023 WL 348459 (S.D.N.Y. Jan. 20, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Sex-Based Hostile Work Environment Claims Dismissed, Notwithstanding Alleged “Unwanted Personal Questions”
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In Gamble v. Fieldston Lodge Nursing and Rehabilitation Center et al, No. 20-CV-10388-LTS, 2022 WL 1778488 (S.D.N.Y. June 1, 2022), the court granted defendant’s motion, for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), on plaintiff’s claim of sexual orientation discrimination in violation of Title VII of the Civil Rights Act of…

Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed
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In Stalling v. FINRA, 21-CV-8390, 2021 WL 5166406 (S.D.N.Y. Nov. 5, 2021), the court, inter alia, dismissed plaintiff’s “failure to hire” discrimination claim as insufficiently alleged. The court explained the governing law (substantive and procedural) as follows: Title VII provides that “[i]t shall be an unlawful employment practice for an employer … to fail or…

Read More Race and Sex Discrimination Claims Dismissed Against FINRA
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In Jeanty v. Blue Rhino et al, 21-CV-8326, 2021 WL 4865202 (S.D.N.Y. Oct. 18, 2021), the court granted defendants’ motion to dismiss plaintiff’s employment (race) discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and 42 USC § 1981. In reaching its conclusion, with respect to Title VII, the court explained:…

Read More Race Discrimination (Unpaid Bonus, Termination) Claims Dismissed; Leave to Amend Granted
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In Green v. NYU Langone Medical Center, 2021 WL 1910549 (SDNY May 12, 2021), the court dismissed plaintiff’s federal claims of race discrimination and retaliation (asserted under Title VII of the Civil rights Act of 1964 and 42 U.S.C. 1981), and declined to exercise supplemental jurisdiction over plaintiff’s state and local law claims. The court…

Read More Race Discrimination Claims Dismissed Against NYU Langone Medical Center as Time-Barred
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In Akhtar v. Saudia d/b/a Saudi Arabian Airlines Corp., 2021 WL 1758807 (S.D.N.Y. May 4, 2021), the court held, inter alia, that plaintiff sufficiently alleged national origin and gender-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. As to…

Read More Gender and National Origin-Based Hostile Work Environment Claims Continue Against Saudi Arabian Airlines
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