From Budhai v. New York City Dept. of Correction, No. 158407/2019, 2021 WL 1391283 (N.Y. Sup Ct, New York County Apr. 13, 2021): Budhai argues that DOC’s disciplining her for lateness was discrimination because of her caregiver status in violation of NYSHRL and NYCHRL. She alleges she was late to work because she was taking…
Read More Caregiver Status Discrimination Claim Dismissed Against NYC Dept. of CorrectionIn Pakniat v. Moor, 2021 NY Slip Op 01856 (App. Div. 1st Dept. march 25, 2021), the court affirmed the dismissal of plaintiff’s sexual harassment and retaliation claims under the New York State and City Human Rights Laws, on the ground that the court lacked subject matter jurisdiction over those claims. Here, the plaintiff was…
Read More Sexual Harassment & Retaliation Claims Dismissed; Court Lacked Subject Matter Jurisdiction Over NY State and City Human Rights Law Claims Asserted by Montreal-Based PlaintiffIn Grimes-Jenkins v. Consolidated Edison Company of New York, Inc., 2021 WL 1226658 (S.D.N.Y. March 31, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based 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…
Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment Against Con Edison; Slavery Comment CitedIn Murray v. NYU Langone Hospitals et al, No. 151402/2019, 2021 WL 1204988 (N.Y. Sup Ct, New York County Mar. 29, 2021), the court dismissed plaintiff’s discrimination and retaliation claims, but held that plaintiff’s sexual harassment / hostile work environment claim under the New York City Human Rights Law was sufficiently alleged. While this decision…
Read More Sexually Hostile Work Environment Claim Survives Dismissal Against NYU Langone Hospitals Under the NYC Human Rights LawIn Saborit v. Harlem Hospital Center Auxiliary, Inc., et al, 19-cv-4686, 2021 WL 1063241 (S.D.N.Y. March 19, 2021), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Lewis Liman) denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act,…
Read More HIV+ Plaintiff’s Disability Discrimination Claims Survive Summary Judgment Against Harlem Hospital CenterIn Espinosa v. Weill Cornell Medical College, 18 Civ. 11665, 2021 WL 1062592 (S.D.N.Y. March 19, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…
Read More Gender-Based Hostile Work Environment Claim Against Weill Cornell Medical College Survives Summary JudgmentIn Espinosa v. Weill Cornell Medical College, 18 Civ. 11665, 2021 WL 1062592 (S.D.N.Y. March 19, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination claim. From the decision: Espinosa adduces sufficient facts upon which the trier of fact may reasonably base an inference of gender discrimination. Direct evidence…
Read More Gender Discrimination Claim Against Weill Cornell Medical College Survives Summary JudgmentIn Felton v. Monroe Community College et al, 6:20-CV-06156, 2021 WL 1132411 (W.D.N.Y. March 24, 2021), the court held, inter alia, that plaintiff sufficiently alleged race discrimination, and denied defendant’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). From the decision: Plaintiff’s allegations as to discriminatory motive are admittedly thin. However, construing Plaintiff’s…
Read More Race Discrimination Claim Sufficiently Alleged Against Monroe Community CollegeIn Root v. Salamanca Central School District, No. 20-00123, 882, 2021 N.Y. Slip Op. 01634, 2021 WL 1049730 (N.Y.A.D. 4 Dept. Mar. 19, 2021), a sexual harassment case, the court upheld a lower court decision denying defendants’ motion to dismiss plaintiff’s claims against defendants (but modified the order to dismiss plaintiff’s amended complaint against individual…
Read More Teacher’s Sexual Harassment Case Continues Against Upstate School DistrictIn Tromblee v. The State of New York et al, 19-cv-0638, 2021 WL 981847 (N.D.N.Y. March 16, 2021), the court, inter alia, held that plaintiff’s hostile work environment sexual harassment claim “far exceed[ed] legal sufficiency.” While defendants did not move to dismiss this claim, the court’s discussion is nevertheless instructive. The court summarized the “black…
Read More Sexual Harassment / Hostile Work Environment Claim Held Legally Sufficient; Allegations Include Sexually Demeaning Language & Touching