Religion-Based Discrimination

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In Lowman v. NVI LLC, 2020 WL 4199956 (2d Cir. July 22, 2020) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s religious discrimination case asserted under Title VII of the Civil Rights Act of 1964. Plaintiff asserted, inter alia, that defendant violated his rights under both statutes by refusing to hire…

Read More Religious Discrimination Claim Dismissal Affirmed; Deviating From Federally-Mandated SSN Disclosure Would be an “Undue Hardship”
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In EEOC v. United Health Programs of America, Inc. and Cost Containment Group, Inc., 14-CV-3673, 2020 WL 1083771 (EDNY March 6, 2020), the court, inter alia, upheld a jury verdict in favor of plaintiffs, who alleged that they were subjected to a religious discrimination and a religion-based hostile work environment in violation of Title VII…

Read More Religion-Based Discrimination and Hostile Work Environment Jury Verdict for Plaintiff Upheld
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In Reichman v. City of New York, No. 2016-03043, 8141/12, 2020 WL 465159 (N.Y.A.D. 2 Dept., Jan. 29, 2020), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. Plaintiff (a self-identifying-Jewish firefighter) alleged, among other things, that a fellow firefighter made an anti-Semitic remark, and that the plaintiff was subjected to…

Read More Firefighter’s Religion-Based Hostile Work Environment Claim Dismissal Affirmed
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In Boyce-Herbert v. New York and Presbyterian Hospital, 2020 WL 376788 (E.D.N.Y. Jan. 23, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims.[1]Initially, the court held that plaintiff’s discrimination claims were time-barred, but addressed the merits of plaintiff’s claims in an “abundance of caution.” The court listed the elements that a plaintiff must demonstrate in…

Read More Age/Race/Gender/Religious Discrimination Claims Dismissed Against NY and Presbyterian Hospital
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In Pozner v. Fox Broadcasting Co., No. 652096/2017, 2019 WL 6117960, 2019 N.Y. Slip Op. 33415(U) (N.Y. Sup Ct, New York County Nov. 18, 2019), the court dismissed plaintiff’s retaliation claim, which was based on the filing of a counterclaim by the defendant. Some background: The plaintiff (Pozner) worked was a Fox executive vice president.…

Read More Court Dismisses Retaliation Claim, Predicated on Counterclaim, Under the Noerr-Pennington Doctrine
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In Chauhan v. MM Hotel Management LLC et al, 18-cv-5963, 2019 WL 6118006 (E.D.N.Y. Nov. 18, 2019), the court, inter alia, dismissed plaintiff’s clams of race, national origin, and religion-based hostile work environment claims. First, the court summarized the legal standard: To establish a hostile work environment claim under Title VII, “a plaintiff must show…

Read More Hostile Work Environment Claims Dismissed; 6 Incidents Over a 15 Year Period Insufficient
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In Shakiri v. Subin Associates LLP, No. 650961/2019, 2019 WL 5028690 (N.Y. Sup Ct, New York County Oct. 03, 2019), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s complaint, which alleges religious discrimination, national origin discrimination, and sexual harassment under the New York State and City Human Rights Laws. In her complaint, plaintiff…

Read More Sexual Harassment & Religious/National Origin Discrimination Claims Survive Dismissal
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In Kaplan v. New York State Department of Labor, 2019 WL 3252911 (S.D.N.Y. July 19, 2019), a case involving claims of discrimination based on religion, the court, inter alia, denied defendants’ motion to dismiss plaintiff’s federal claims.[1]The court dismissed plaintiff’s state law discrimination claims under Fed. R. Civ. P. 12(b)(1) on Eleventh Amendment (sovereign immunity)…

Read More Hostile Work Environment Claim, Based on Anti-Semitic Comments, Survives Dismissal
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In Kallinikos v. New York State Dept. of Corrections and Community Supervision et al, 2019 WL 3216769 (EDNY July 17, 2019), the court, inter alia, held that plaintiff sufficiently alleged religious discrimination, in the form of a failure-to-promote, under Title VII of the Civil Rights Act of 1964. The court explained the applicable pleading standard:…

Read More Religious Discrimination Failure-to-Promote Claim Sufficiently Alleged
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In Hindi and Aljader v. The Port Authority of New York and New Jersey, 14-cv-8984, 2019 WL 2325969 (SDNY May 30, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiffs’ religion- and national origin-based hostile work environment claims. Plaintiffs’ allegations included having a picture of one’s face superimposed onto a picture…

Read More Hostile Work Environment Claim Dismissed; “Al-Qaeda” and Other Remarks Not “Severe” or “Pervasive”
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