Judge: Nina Gershon

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In Lopez v. City of New York, 16-cv-4934, 2021 WL 4893624 (E.D.N.Y. Oct. 20, 2021), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race- and national origin-based hostile work environment claim(s) asserted under Title VII of the Civil Rights Act of 1964. From the decision: The plaintiff here does not rely…

Read More Race, National Origin-Based Hostile Work Environment Claims Dismissed; Alleged Comments Amounted to “Isolated Incidents of Racial Enmity”
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In a recent case, D’Alessio v. Charter Communications, LLC, 2020 WL 5638721 (EDNY Sept. 21, 2020), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiff’s claim that defendant failed to accommodate plaintiff’s disability (in one respect) under the Americans with Disabilities Act and the New York City Human Rights Law. According…

Read More Failure-to-Accommodate-Disability Claim (Based on Parking Spot Request) Survives Summary Judgment Against Charter Communications
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Sexual harassment cases are fact- and context-specific. There is no “bright line rule” as to when a comment or a touch “cross the line” from non-actionable to actionable. Such claims can be based on comments, physical touching, or some combination of the two. A recent decision, Batten v. Global Contact Services, LLC, 15-cv-2382, 2018 WL…

Read More Sexual Harassment / Hostile Work Environment Based on “Hug” Was Actionable, Court Holds
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In Dwyer v. Timothy O. Horne, as Acting Administrator of the General Services Administration, 12-cv-1176, 2017 WL 5197234 (E.D.N.Y. Nov. 9, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment and retaliation claims under Title VII of the Civil Rights Act of 1964. This decision provides an overview of…

Read More Security Guard’s Hostile Work Environment / Sexual Harassment Claim Dismissed Against Federal Government; It Was Not Plaintiff’s “Joint Employer”
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In Keles v. Burl Yearwood & LaGuardia Community College, No. 15-CV-03880 (NG), 2017 WL 2313472 (E.D.N.Y. May 26, 2017), the court, inter alia, denied defendants’ 12(b)(6) motion to dismiss plaintiff’s age discrimination claims. The court explained that “[t]o survive a Rule 12(b)(6) motion to dismiss, a plaintiff asserting an employment discrimination complaint under the ADEA…

Read More Age Discrimination Claims Survive Dismissal; Allegations Included Disparaging Age-Related Comments
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