Mixed-Motive Analysis Archives

May 19, 2018 by mjpospis

Dismissal of NYCHRL Race, National Origin Discrimination Claims Affirmed

In Persaud v. Walgreens Co., 2018 NY Slip Op 03555, 2018 WL 2224185 (N.Y.A.D. 2 Dept. May 16, 2018), the court summarized the legal standard applicable to claims under the NYC Human Rights Law: The NYCHRL prohibits discrimination in employment based upon, inter alia, race and national origin (see Administrative Code of City of N.Y.…

Citing “Stray Remarks” Doctrine and Plaintiff’s Mistakes, Court Dismisses Discrimination, Hostile Work Environment, and Retaliation Claims

In Lowe v. Mount Sinai Health System, Inc., 16-cv-6074, 2018 WL 2089345 (S.D.N.Y. 2018), the court dismissed plaintiff’s claims of race discrimination (termination), hostile work environment, and retaliation. Plaintiff testified at her deposition that, e.g., her supervisor (Lopiano) made racial comments, such as “why don’t you go back to Haiti” and “you can’t even speak…

Court Dismisses Disability Discrimination Claim, Rejecting “Smoking Gun” Email

In Casablanca v New York Times Co., 47 Misc 3d 1215(A), 2015 NY Slip Op 50629(U) (N.Y. Sup. Ct. N.Y. Cty. April 17, 2015), the court granted defendant’s motion for summary judgment on plaintiff’s employment discrimination claims. This case underscores the necessity in an employment discrimination case of establishing a link between a protected characteristic…