In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s constructive discharge claim. The court summarized the law as follows (internal quotation marks and citations omitted): An employee is constructively discharged when his employer, rather than discharging…
Read More Constructive Discharge Claims Survive Summary JudgmentIn Oliver v. New York State Police, 2020 WL 1989180 (N.D.N.Y. April 27, 2020), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. While the court held that the alleged conduct was sufficiently “severe or pervasive”, there…
Read More Hostile Work Environment / Sexual Harassment Claim Dismissed Against New York State PoliceFrom Mohan v The City of New York, No. 151018/2019, 2020 WL 1546404, 2020 N.Y. Slip Op. 30729(U), 5 (N.Y. Sup Ct, New York County Mar. 03, 2020): As it pertains to plaintiff’s claims of discrimination, the court finds that plaintiff has not proffered evidence suggesting that on the basis of her race, gender, or…
Read More Race, Gender, National Origin Discrimination Claims Dismissed Against City of New YorkIn Dass v. The City University of New York (Hostos Community College), 18-cv-11325, 2020 WL 1922689 (SDNy April 21, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. As…
Read More Gender Discrimination Sufficiently Alleged Against CUNY/HostosIn Shojae v. Harlem Hospital Center et al, 2020 WL 1862293 (S.D.N.Y. April 14, 2020), the court held that the filing of a charge of discrimination with the United States Equal Employment Opportunity Commission (EEOC) tolls the statute of limitations under the New York State and City Human Rights Laws. In this employment discrimination case,…
Read More Filing of EEOC Charge Tolls Statute of Limitations Under NYS and NYC Human Rights Laws, Court HoldsIn 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 HospitalIn some cases, displays of racially- and/or sexually-charged content (e.g., videos) at work might be evidence of actionable employment discrimination. That is, of course, not an ironclad rule. Consider, for example, the recent case of Johnson v. IAC/InterActiveCorp, 2020 NY Slip Op 00488 (NY App. Div. 1st Dept. Jan. 23, 2020), in which the New York Appellate…
Read More “Offensive” Content Shown at Work Insufficient to Demonstrate Disparate Treatment, Court HoldsIn Saltzman v. Exlservice Holdings Inc., No. 154361/2019, 2019 WL 6843028 (N.Y. Sup Ct, New York County Dec. 11, 2019), the court denied defendants’ motion to compel arbitration of plaintiff’s gender discrimination and retaliation claims asserted under the New York City Human Rights Law. In sum, plaintiff asserts that defendants treated her worse than similarly-situated…
Read More Gender Discrimination and Retaliation Claims Not Subject to Arbitration Clause, Court HoldsIn Scalercio-Isenberg v. Morgan Stanley Services Group Inc., 2019 WL 6916099 (S.D.N.Y. Dec. 19, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire gender discrimination under Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff] has failed to make out a prima facie case that she suffered age or gender discrimination when…
Read More Failure-to-Hire Gender Discrimination Claim Dismissed Against Morgan StanleyIn Doton v. City of Syracuse, 11-CV-620, 2019 WL 6337326 (NDNY Nov. 27, 2019), a gender discrimination case, the court ruled on various motions in limine with respect to evidence the parties seek to introduce at the upcoming trial. Among other issues addressed by the court, defendants sought to preclude Plaintiff from offering “me too” evidence “regarding…
Read More Court Discusses “Me Too” Evidence in Gender Discrimination Case