In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff sufficiently alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged that, throughout his time working at the Printing Center he was…
Read More Hostile Work Environment Claim Sufficiently Alleged by Hispanic PlaintiffIn Fleurentin v. New York City Health & Hospitals Corp. et al, 18-cv-05004, 2020 WL 42841 (E.D.N.Y. Jan. 3, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. In this case, in sum, plaintiff – a Haitian man – alleged that “over the course of a decade the defendants repeatedly discriminated against him…
Read More Hostile Work Environment Claim Dismissed; Santa Claus Role Denial (etc.) InsufficientIn Shah v. State of New York, 2019 NY Slip Op 08884 (App. Div. 2nd Dept. Dec. 11, 2019) – a failure-to-hire national origin discrimination case – the court affirmed the lower court’s decision denying the claimant’s motion seeking leave to file a late notice of claim. In sum, the claimant commenced this action, alleging…
Read More Court Affirms Denial of Leave to File Late Claim Against State Facility in Discrimination CaseIn Daeisadeghi v. Equinox Great Neck, Inc., 2019 WL 6843142 (2d Cir. Dec. 16, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s national origin-based hostile work environment claim. From the decision: The district court granted summary judgment in favor of Equinox after concluding that the harassment…
Read More Jokes About Accent Etc. Insufficient to Make Out Hostile Work Environment Claim, Court HoldsIn Chauhan v. MM Hotel Management LLC et al, 18-cv-5963, 2019 WL 6118006 (E.D.N.Y. Nov. 18, 2019), the court, inter alia, dismissed plaintiff’s clams of race, national origin, and religion-based hostile work environment claims. First, the court summarized the legal standard: To establish a hostile work environment claim under Title VII, “a plaintiff must show…
Read More Hostile Work Environment Claims Dismissed; 6 Incidents Over a 15 Year Period InsufficientIn Local 621 v New York City Department of Transportation, No. 101831/17, 9991, 9991A, 2019 N.Y. Slip Op. 08014, 2019 WL 5791378 (N.Y.A.D. 1 Dept., Nov. 07, 2019), the court, inter alia, substantiated claims of national origin discrimination (asserted by the East Indian petitioners) arising from an allegedly biased EEO investigation. From the decision: [T]he…
Read More Race Discrimination Claim Against NY DOT Improperly DismissedIn Shakiri v. Subin Associates LLP, No. 650961/2019, 2019 WL 5028690 (N.Y. Sup Ct, New York County Oct. 03, 2019), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s complaint, which alleges religious discrimination, national origin discrimination, and sexual harassment under the New York State and City Human Rights Laws. In her complaint, plaintiff…
Read More Sexual Harassment & Religious/National Origin Discrimination Claims Survive DismissalIn Coku v. The New York Presbyterian Hospital et al, 17-cv-2488, 2019 WL 3779507 (S.D.N.Y. Aug. 12, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. After summarizing the relevant legal standards, and noting that “the standard for establishing a hostile work environment is high”, the court noted that plaintiff did not meet…
Read More Hostile Work Environment Claim Dismissed; Alleged Mistreatment Was Not Due to Protected CharacteristicThe phrase “go back to where you came from” – trending in light of the POTUS’ use of the sentiment against four Congresswomen of color – has a long history. The U.S. Equal Employment Opportunity Commission (EEOC) has cited the phrase as indicative of national origin discrimination. Specifically, in a brochure titled “Employment Rights of…
Read More “Go Back to Where You Came From”In Cao-Bossa v. New York State Dep’t of Labor, 18-CV-0509, 2019 WL 2743505 (N.D.N.Y. July 1, 2019), the court, inter alia, held that plaintiff should be permitted to amend her complaint to add a claim for national origin discrimination. From the decision: As to Plaintiff’s claim for national origin discrimination, Defendant argues that amendment would…
Read More National Origin Discrimination Claim by Chinese Plaintiff May Proceed; Persons Identified as “American” Were Appropriate Comparators