Same Actor Inference

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In Lopez v. Trahan, No. 155637/2020, 2024 WL 3070014 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of employment discrimination – based on age and race – asserted under the New York State and City Human Rights Laws. From the decision:…

Read More Age, Race Discrimination Claims Survive Summary Judgment; Court Cites Derogatory Comments About Age, Accent
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In a recent case, Pitter-Green v. NYU Langone Medical Center, No. 155386/2021, 2022 WL 17751149, 2022 N.Y. Slip Op. 34276(U) (N.Y. Sup Ct, New York County Dec. 16, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s race-based discriminatory discharge claims. It did, however, reject defendant’s attempt to invoke the so-called “same-actor inference”…

Read More “Same Actor Inference” Held Inapplicable, Yet Race Discrimination Claims Dismissed Against NYU Langone
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In Rinaldi v. Paul Mills, NICE, Christine Bonamarte, NICE Systems, Inc., NICE-Actimize, Richard Malish, Barak Eilam et al, 2022 WL 17480081 (2d Cir. Dec. 7, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. From the decision: Here, the parties do not dispute that Rinaldi established…

Read More Age Discrimination Claims Properly Dismissed; Comments re Not “Fitting In” and “Catching On” Insufficient
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In Brager v. Quality Bldg. Services Corp., No. 155832/2021, 2022 WL 1599529 (N.Y. Sup. Ct. NY Cty. May 20, 2022), the court, inter alia, dismissed plaintiff’s age and national origin-based hostile work environment claim as insufficiently pled. As to plaintiff’s age discrimination claim, the court explained: Plaintiff’s allegations regarding the alleged hostile work environment related…

Read More Hostile Work Environment Claims Insufficiently Alleged; Being Jewish Was Not a “National Origin” Category
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In Huayuan Chen v. Stony Brook University Advancement et al, 2022 WL 289317 (2d Cir. Feb. 1, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s judgment dismissing, on summary judgment, plaintiff’s claim of national origin discrimination under Title VII of the Civil Rights Act of 1964. After summarizing the…

Read More Second Circuit Affirms Dismissal of Chinese-Based National Origin Discrimination Claim
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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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In Colbert v. FSA Store, Inc., Health E-Commerce, and Jeremy Miller, 2020 WL 1989404 (SDNY April 27, 2020), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964, SEction 1981 of the Civil Rights Act of 1866, and the New York State and City…

Read More Race Discrimination Complaint Survives Dismissal; Allegations Included “Coded Racial Comments”
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In Garcia v. Barclays Capital, Inc., et al, 13-cv-5308, 2017 WL 5499789 (S.D.N.Y. Nov. 15, 2017), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s employment discrimination claims. The court reached this decision by, inter alia, applying the so-called “same actor inference.” That doctrine provides that “the person who made the decision to…

Read More Court Applies “Same Actor Inference” in Dismissing Latina Woman’s Employment Discrimination Claims Against Barclays
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In Andaya v. Atlas Air, Inc., 2017 NY Slip Op 00141 (App. Div. 2d Dept. Jan. 11, 2017), the Appellate Division, Second Department affirmed the lower court’s order[1]Andaya v. Atlas Air, Inc., NY Sup. Ct., Westchester Cty., Index No. 58877/2012, Sept. 25, 2014 granting defendant summary judgment on plaintiff’s claims of sexual orientation discrimination and retaliation…

Read More 2d Dept. Affirms Dismissal of Sexual Orientation Discrimination and Retaliation Claims
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In Horwitz v. Loop Capital Markets LLC (N.Y. Sup. Ct., N.Y. Cty., Index No. 650944/2016, Dec. 5, 2016), the court denied defendant’s CPLR 3211(a)(7) motion to dismiss and held that plaintiff sufficiently alleged a claim for discrimination based on a disability (here, a stutter) under the New York City Human Rights Law.[1]The court also ruled on…

Read More Disability Discrimination Claim, Based on Stutter, Survives Motion to Dismiss
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