In Crawford v. ExlService.com, LLC, 2019 WL 5887214 (SDNY Nov. 12, 2019), the court, inter alia, denied defendants’ motion for summary judgment on 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. The court…
Read More Hostile Work Environment Claim Survives Summary Judgment Against ExlServiceIn Mira v. Harder, 2019 NY Slip Op 08131 (App. Div. 1st Dept. Nov. 12, 2019), the court affirmed the dismissal of plaintiff’s discrimination, retaliation, and “revenge porn” claims. First, the court held that plaintiff’s discrimination, hostile work environment, and retaliation claims – asserted under the New York State and City Human Rights Laws –…
Read More Discrimination, Hostile Work Environment, and Revenge Porn Claims DismissedIn 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 Dipietrantonio v Deer Park Union Free School District, No. 610828/17, 64 Misc. 3d 1239(A), 2019 N.Y. Slip Op. 51459(U), 2019 WL 4384169 (Sup Ct, Sep. 09, 2019), the court dismissed plaintiff’s claims – on timeliness and procedural grounds, without assessing the merits – of sex and age discrimination under the New York State Human…
Read More Discrimination & Constructive Discharge Claims Against School District Dismissed on Statute of Limitations GroundsIn Montgomery v. Elrac, Enterprise Holdings, Inc., No. 25814/2016E, 2019 WL 4929889, 2019 N.Y. Slip Op. 32896(U) (N.Y. Sup Ct, Bronx County Sep. 03, 2019), the court held, inter alia, that plaintiff stated hostile work environment claims under the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). This…
Read More Hostile Work Environment Claim Survives DismissalIn a recent case, Dinola v. Board of Education of the City of New York, 15-CV-8139, 2019 WL 5593286 (SDNY Oct. 30, 2019), the court dismissed plaintiff’s employment discrimination claims asserted pursuant to the New York State and City Human Rights Laws. Here, in sum, plaintiff asserts that she was subjected to discrimination based on…
Read More Teacher’s Constructive Discharge Claim DismissedIn Ireland v. Rochester Institute of Technology et al, 19-cv-6392, 2019 WL 5538371 (WDNY Oct. 25, 2019), the court, inter alia, dismissed plaintiff’s claim of sexual harassment under the New York State Human Rights Law (NYSHRL).[1]The court dismissed as time barred plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of…
Read More Sexual Harassment Claim Dismissed; “Crude” Comments Held Insufficient Under State LawEffective October 11, 2019, the New York State Human Rights Law permits an award of punitive damages in certain employment discrimination cases. The relevant section is codified at NYS Executive Law § 297(4)(c), which provides: If, upon all the evidence at the hearing, the commissioner shall find that a respondent has engaged in any unlawful…
Read More NYS Human Rights Law Provides for Punitive Damages in Certain Employment CasesIn Downey and Bonner v. Adloox, Inc., 18‐3521‐cv (2d Cir. Oct. 24, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiffs’ age discrimination claims. This case aptly illustrates how the “stray remarks” doctrine operates in the age discrimination context. In sum, the court found that – notwithstanding two arguably age-related comments – plaintiffs…
Read More Age Discrimination Dismissal Affirmed; Termination Was Due to Poor Performance; “Old Timer” and “Young Sharks” Comments Were “Stray Remarks”In Taylor v. Health Research, Inc., No. 151848/2019, 2019 WL 5212862, 2019 N.Y. Slip Op. 33051(U) (N.Y. Sup Ct, New York County Oct. 16, 2019), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. The court explained that “in order to make out a claim…
Read More Retaliation Claims Dismissed; Generalized Complaint Was Not “Protected Activity”