Plaintiff Defeats Summary Judgment (Employment Discrimination/Pretext)

In Lebowitz et al v. New York City Dept. of Educ., No. 526062/20, 2022 WL 4357086 (N.Y. Sup Ct, Kings County Sep. 16, 2022), the court, inter alia, denied defendant’s motion for summary judgment as to two Sheepshead Bay High School teachers. After concluding that summary judgment was warranted on one teacher’s claims, it reached…

Read More Age Discrimination Claims, Based on Statistical Evidence, Survives Summary Judgment Against the NYC Dept. of Education
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In Shkolnikova v. DeJoy, 18-CV-6400 (MKB), 2022 WL 3358077 (E.D.N.Y. August 15, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of pregnancy discrimination asserted under Title VII of the Civil Rights Act of 1964. Applying the McDonnell-Douglas burden-shifting framework, the court found that plaintiff presented a prima facie case…

Read More Assistant Mail Carrier’s Pregnancy Discrimination Claim Survives Summary Judgment
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In Bell v. SL Green Realty Corp., 19 Civ. 8153 (LGS), 2022 WL 2819054 (S.D.N.Y. July 19, 2022), the court, inter alia, denied defendant’s motion for summary judgment dismissing plaintiff’s claim of race-based discriminatory termination asserted under 42 U.S.C. § 1981. As to that claim, the court applied the well-known 3-step burden-shifting framework, derived from…

Read More Section 1981 Race Discrimination Claim, Asserted by HIspanic Plaintiff, Survives Summary Judgment Against SL Green Realty Corp.
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In Zdanowitz v. Queens-Long Island Medical Group, P.C., No. 159574/2017, 2022 WL 2387853, 2022 N.Y. Slip Op. 32050(U) (N.Y. Sup Ct, New York County July 01, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of age discrimination asserted under the New York City Human Rights Law. From the decision:…

Read More Age Discrimination Claim Survives Summary Judgment Against Queens-Long Island Medical Group
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In 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 Authority
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In Olin v. Rochester City School District, 2022 WL 967707 (W.D.N.Y. March 31, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In evaluating plaintiff’s discriminatory-demotion claims, the court applied the…

Read More Gender-Based Discriminatory-Demotion Claim, Arising From Alleged “Selective Enforcement” of Lunch Break Regulation, Survives Summary Judgment
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In Bautista v. Chanel, Inc., 20 Civ. 4676, 2022 WL 374496 (SDNY Feb. 8, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race and national origin discrimination asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The court…

Read More Race, National Origin Discrimination Claims Against Chanel Survive Summary Judgment; Evidence Included Derogatory Comments About Speaking Spanish
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In Milord-Francois v. New York State Office of the Medicaid Inspector General et al, No. 20-3646-cv, 2022 WL 480477 (2d Cir. Feb. 17, 2022), the court, inter alia, vacated the district court’s award of summary judgment on plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. From the decision: Milord-Francois…

Read More Race-Based “Pretext” Employment Discrimination Claim Survives Summary Judgment
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In a recent case, Kengerski v. Orlando Harper; County of Allegheny, 2021 WL 3199225 (3d Cir. July 29, 2021), the U.S. Court of Appeals for the Third Circuit revived the plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to the claim for so-called “associational…

Read More Title VII “Race-Association” Retaliation Claim, Arising From “Monkey” Comment, Improperly Dismissed on Summary Judgment, Third Circuit Holds
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In Gerald v. DCV Holdings, Inc., et al, 17-CV-6525, 2021 WL 2809915 (E.D.N.Y. July 6, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State Human Rights Law, and…

Read More Race Discrimination Claims Survive Summary Judgment; Court Notes Evidence of Decades-Long Egregious Discrimination, Abuse, and Racist Language
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