Judge: Paul A. Engelmayer

by

WARNING: unbalanced footnote start tag short code found.If this warning is irrelevant, please disable the syntax validation feature in the dashboard under General settings > Footnote start and end short codes > Check for balanced shortcodes.Unbalanced start tag short code found before:“The court also upheld the dismissal of plaintiff’s hostile work environment claims (as insufficiently…

Read More Teacher/Coach’s Age Discrimination, Retaliation Claims Survive Dismissal
Share This:
by

In Estevez v. S & P Sales and Trucking LLC et al, 17-cv-1733, 2017 WL 5635933 (S.D.N.Y. Nov. 22, 2017), the court held that plaintiff sufficiently alleged a race discrimination claim under 42 U.S.C. 1981. In sum, plaintiff – a male of Hispanic race and Dominican national origin – was terminated by defendants, allegedly on…

Read More Race & National Origin Discrimination Claims Sufficiently Pled; Complaint Sufficiently Alleged That Defendants Treated a Similarly Situated Employee in Different Racial Group More Favorably Than Plaintiff
Share This:
by

From James v. NYC Health & Hospitals Corp. et al, 2017 WL 3923675 (S.D.N.Y. Sept. 6, 2017): Defendants argue that Waiters’s alleged conduct was not sufficiently severe or pervasive as a matter of law. See Def. Br. at 12 (claiming conduct “lacks any semblance of concreteness, vulgarity or even obscenity”). That evidence, however, is sufficient…

Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment Against NYC Health & Hospitals Corp.
Share This:
by

In Washington v. Borough of Manhattan Cmty. Coll., No. 16 CIV. 6168 (PAE), 2016 WL 7410717 (S.D.N.Y. Dec. 21, 2016), the Southern District of New York dismissed plaintiff’s claims under the New York State and City Human Rights Laws against the Borough of Manhattan Community College, since she did not comply with the notice of…

Read More Court Dismisses State/City Human Rights Law Employment Discrimination Claims Against NYC Community College (BMCC) Due to Failure to File Notice of Claim
Share This:
by

A recent decision, Smith v. JPMorgan Chase, No. 15 CIV. 808 (PAE), 2016 WL 5339548 (S.D.N.Y. Sept. 23, 2016), is instructive on the law governing settlement agreements, including those claimed to bar Title VII discrimination claims. In this case, the African American plaintiff alleged that she “was terminated after an internal investigation for a violation of…

Read More Court Holds That Settlement Agreement Was Broad Enough to Include Title VII Claims
Share This:
by

In Taft v. Agric. Bank of China Ltd., No. 15 CIV. 5321 (PAE), 2016 WL 80209 (S.D.N.Y. Jan. 6, 2016), the Southern District of New York ruled on defendant’s motion to dismiss plaintiff’s whistleblower retaliation claim under the Bank Secrecy Act (BSA). Plaintiff alleged that “she was subjected to frequent sexually charged comments and gender-related…

Read More Court Interprets Retaliation Provision of the Bank Secrecy Act
Share This:
by

In Erasmus v. Deutsche Bank Americas Holding Corp. et al, No. 15 CIV. 1398 (PAE), 2015 WL 7736554 (S.D.N.Y. Nov. 30, 2015), the Southern District of New York (Judge Engelmayer) dismissed plaintiff’s hostile work environment and discrimination claims, but permitted plaintiff’s retaliation claims (albeit in limited form) to continue. Plaintiff, a heterosexual male, alleged in…

Read More Retaliation Claims, But Not Discrimination & Hostile Work Environment Claims, Remain Against Deutsche Bank
Share This:
by

In Feliciano v. City of New York, No. 14 CIV. 6751 PAE, 2015 WL 4393163 (S.D.N.Y. July 15, 2015), the Southern District of New York held that plaintiff, a Hispanic Lieutenant employed by the New York City Sheriff’s Department, sufficiently alleged a prima facie case of discriminatory failure to promote based on race and national origin…

Read More Lieutenant Sufficiently Alleges Discriminatory Failure to Promote and (Limited) Retaliation Claim
Share This:
by

In Chaney v. Starbucks Corporation, 2015 WL 3883251 (SDNY June 23, 2015), a trip-and-fall case, the Southern District of New York granted Starbucks’ motion for summary judgment dismissing the case. The facts, from the opinion: On August 9, 2013, plaintiff John Chaney went to a Starbucks café in the Bronx for lunch. Upon entry, he…

Read More Starbucks Granted Dismissal in Phone Charger Trip/Fall Case
Share This: