In Lax v. The City University of New York, 20-3906-cv, 2022 WL 103315 (2d Cir. Jan. 11, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s claim of a religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In order to establish a hostile…
Read More CUNY Professor’s Religion-Based Hostile Work Environment Claim Dismissal AffirmedIt’s December 23rd, a/k/a Christmas Eve Eve, a/k/a Festivus. So Happy Festivus! Festivus is a non-commercial holiday, begun in 1966 and celebrated on December 23, as an alternative to the pressures and commercialism of the Christmas/holiday season. A key component of the holiday is the “Airing of Grievances,” which takes place right after Festivus dinner…
Read More Air Your Grievances: Festivus and DiscriminationIn Chacko v. Office of the New York State Comptroller et al, No. 20-cv-10697, 2021 WL 5605063 (S.D.N.Y. Nov. 30, 2021), the court granted defendants’ partial motion to dismiss based on plaintiff’s failure to “administratively exhaust” her claims before the U.S. Equal Employment Opportunity Commission (EEOC). From the decision: In her EEOC Charge, Plaintiff alleged…
Read More Discrimination Allegations Concerning Additional Actors Dismissed as Beyond EEOC Charge’s ScopeIn Patalonis v. Outreach Development Corp., 19-CV-01306, 2021 WL 5013796 (E.D.N.Y. Oct. 27, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religious discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. As to Title VII, the court explained: To establish…
Read More Religious Discrimination Claims Survive Dismissal; Termination Followed Advising Patient to PrayIn Lemanski v. SFM Realty Corp., No. 150261/2021, 2021 WL 4973959 (N.Y. Sup Ct, New York County Oct. 26, 2021), the court, inter alia, held that plaintiff stated claims for gender- and religion-based discrimination (but not age discrimination) under the New York City Human Rights Law. From the decision: The sole element of plaintiff’s prima…
Read More Gender & Religious Discrimination Claims Sufficiently Alleged on “Disparate Discipline” TheoryIn Domen v. Vimeo, Inc., 2021 WL 4352312 (2d Cir. Sept. 24, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sexual orientation and religion-based discrimination claims under the New York State Human Rights Law. Plaintiff, James Domen (the president and founder of the non-profit…
Read More Religious, Sexual Orientation Claims Properly Dismissed Against Vimeo Following Deletion of Account Promoting “Sexual Orientation Change Efforts” ContentIn Ahmad v. Colin Day, et al, 20 Civ. 4507, 2021 WL 3700552 (S.D.N.Y. Aug. 20, 2021), the court denied the defendants’ motion to compel arbitration of plaintiff’s claims of employment discrimination. In sum, plaintiff asserts that his former employer and two individual defendants discriminated against him because of his race, color, religion and national…
Read More Motion to Compel Arbitration of Employment Discrimination Claims Denied; Claims Did Not “Arise Out Of” Confidentiality AgreementIn Alshami v. The City University of New York, No. 160183/2019, 2021 WL 2226424 (N.Y. Sup Ct, New York County June 02, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. Specifically, plaintiff alleges that his co-worker made numerous offensive and derogatory comments about…
Read More Hostile Work Environment Claim Against CUNY Dismissed; Seven Offensive Comments and “Rude” Treatment Held InsufficientIn Echavarria v. ABM Industry Group LLC et al, 2021 WL 794944 (S.D.N.Y. Feb. 26, 2021), the court, inter alia, dismissed plaintiff’s claim of religious-based discrimination. The court explained: Plaintiff also fails to allege sufficient facts to state a claim that Defendants discriminated against her because she is Catholic. Her sole allegation of religious discrimination…
Read More Religious (Anti-Catholic) Discrimination Claim Dismissed; “God Bless You Sneer” InsufficientIn Beards et al v. Bronxcare Health System et al, 2021 WL 704177 (S.D.N.Y. Feb. 23, 2021), the court dismissed plaintiffs’ claims of race- and religion-based discrimination 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. After concluding that…
Read More Citing Productivity Decline, Court Dismisses Race and Religion-Based Discrimination Claims