In Naramore v. Mount Sinai Health Sys. Inc., 2022 NY Slip Op 03479 (N.Y. App. Div. 1 Dept. May 31, 2022), a gender discrimination case, the court addressed an issue that frequently arises in litigation, namely, the scope of discovery to which the parties are entitled. In employment discrimination cases, a plaintiff will often attempt…
Read More Court Limits Discovery in Gender Discrimination CaseIn Blackman v. Metropolitan Transit Authority, NYC Transit Authority et al, No. 2019-09440, Index 502489, 2022 WL 1760133 (N.Y.A.D. 2 Dept. June 01, 2022), the court, inter alia, held that the lower court properly denied defendants’ motions for summary judgment on plaintiff’s race-based failure-to-hire and failure-to-promote claims asserted under the New York State and City…
Read More Discriminatory Hiring, Promotion Claims Survive Summary Judgment Against NYC Transit AuthorityIn Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of gender discrimination and hostile work environment under the New York State and City Human Rights…
Read More Sex/Gender Harassment & Hostile Work Environment Claims Survive Against CareandWear II, Inc.In Chen v. Jewish Bd. of Family and Children’s Services, Inc., No. 525625/18, 2022 WL 1540178 (N.Y. Sup Ct, Kings County May 13, 2022), the court dismissed, on summary judgment, plaintiff’s claims of gender discrimination and hostile work environment asserted under the New York City Human Rights Law. As to plaintiff’s discrimination claim, the court…
Read More Sex/Gender-Based Hostile Work Environment Claim Dismissed; “Insensitive” Comments Amounted to “Petty Slights and Trivial Inconveniences”In Brager v. Quality Bldg. Services Corp., No. 155832/2021, 2022 WL 1599529 (N.Y. Sup. Ct. NY Cty. May 20, 2022), the court, inter alia, dismissed plaintiff’s age and national origin-based hostile work environment claim as insufficiently pled. As to plaintiff’s age discrimination claim, the court explained: Plaintiff’s allegations regarding the alleged hostile work environment related…
Read More Hostile Work Environment Claims Insufficiently Alleged; Being Jewish Was Not a “National Origin” CategoryIn Makhsudova v. City of New York et al, 2022 WL 1571152 (S.D.N.Y. May 18, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.…
Read More Hostile Work Environment Claims, Asserted by Muslim Uzbek Woman, Survive DismissalIn Shiber v. Centerview Partners LLC, 21 Civ. 3649, 2022 WL 1173433 (S.D.N.Y. April 20, 2022), the court dismissed plaintiff’s disability discrimination claims asserted under the New York State and New York City Human Rights Laws. This decision is instructive as to how courts apply those statutes’ geographic (“impact”) test in the increasingly-prevalent factual context…
Read More NYCHRL Disability Discrimination Claim Dismissed; Geographic “Impact” Requirement Not SatisfiedIn Shibetti v. Restaurant, No. 517343/20, 2022 WL 1199333 (N.Y. Sup Ct, Kings County Apr. 21, 2022), the court, inter alia, held that plaintiffs sufficiently alleged claims of sex (including pregnancy) discrimination, sexual harassment, hostile work environment, and retaliation under the New York City Human Rights Law. From the decision: Sexual harassment “is one species…
Read More Sexual Harassment, Pregnancy Discrimination, Retaliatoin Claims Sufficiently Alleged by Brooklyn Diner EmployeesIn Chica v. Shallu Construction Corp., 21-cv-869, 2022 WL 970744 (E.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiffs – who are Hispanic and of Latin American descent – sufficiently alleged race-based hostile work environment claims against defendants. As to individual defendant Amninder Singh, the court explained: Plaintiffs have pleaded a “steady barrage…
Read More Race (Hispanic)-Based Hostile Work Environment Claims Sufficiently AllegedIn Kinwing (Ricky) Kwong v. The City of New York et al., No. 152932/13, 15574, 2021-00645, 2022 N.Y. Slip Op. 02342, 2022 WL 1038073 (N.Y.A.D. 1 Dept., Apr. 07, 2022), the court, inter alia, affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s hostile work environment claims. From the decision: The…
Read More Hostile Work Environment Claims, Based on Mocking of Accent, May Proceed