“Stray Remarks” Doctrine in Employment Discrimination Law

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In Hamilton v. Siemens Healthcare Diagnostics, Inc., 2025 WL 863572 (S.D.N.Y. March 18, 2025), the court, inter alia, dismissed plaintiff’s hostile work environment claims. After summarizing the black-letter law, the court applied it to the facts as follows: Plaintiff alleges that he experienced “a pattern of activity aimed at bringing about [his] resignation.” (Am. Compl.…

Read More Hostile Work Environment Claims Dismissed; Allegations Failed to Rise to the Level of “Severe or Pervasive”; Causation Not Shown
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In Zadok v. Lomner, No. 151526/2024, 2025 WL 675168 (N.Y. Sup Ct, New York County Mar. 03, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s housing discrimination claim under the New York City Human Rights Law (NYCHRL). From the decision: To plead a cause of action for housing discrimination, a plaintiff must…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Housing Discrimination Claim
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In Motayne v. Specialty Food Association et al, No. 157671/2023, 2025 N.Y. Slip Op. 50091(U), 2025 WL 339817 (Sup Ct, Jan. 23, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race-based discriminatory termination asserted under the New York State and City Human Rights Laws. From the decision: Here, defendants do…

Read More Race-Based Discriminatory Termination Claims Survive Dismissal
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In Nelson v. WW Intern., Inc., No. 155745/2020, 2024 WL 32208823 (N.Y. Sup Ct, New York County June 28, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s caregiver status discrimination claim under the New York City Human Rights Law. From the decision: Defendant’s motion for summary judgment dismissing Plaintiff’s claims…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Caregiver Status Discrimination Claim
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In Gentile v. Touro Law Center, 21-CV-1345 (JS)(ARL), 2024 WL 1719608 (E.D.N.Y. April 22, 2024), the court, inter alia, denied defendant’s motion for reconsideration of its decision to deny defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). The court explained the procedural history (forming the…

Read More Age Discrimination Sufficiently Alleged; Motion for Reconsideration Denied
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In Gandhi v. New York State Unified Court System et al, 1:20-CV-120 (LEK), 2024 WL 365119 (N.D.N.Y. Jan. 31, 2024), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s religion-based discrimination claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that defendant engaged in religious…

Read More Title VII Religious Discrimination Claim Survives Summary Judgment; “Stray Remarks” Doctrine Held Inapplicable
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The New York City Council recently enacted a legislation that prohibits discrimination on the basis of a person’s height or weight in employment, housing, and public accommodations. As summarized: This bill would prohibit discrimination on the basis of a person’s height or weight in employment, housing, and public accommodations. This bill would also create an…

Read More NYC Council Enacts Law to Prevent Discrimination Based on Height & Weight
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In Davis v. Power Authority, 2023 WL 3064705 (2d Cir. April 25, 2023), the court, inter alia, affirmed the lower court’s order awarding summary judgment to defendant on plaintiff’s discrimination claims. From the decision: Here, even assuming a prima facie case of discrimination, Defendants provided legitimate, non-discriminatory reasons for Davis’s termination, and Davis fails to…

Read More Citing “Stray Remarks” Doctrine, Second Circuit Affirms Dismissal of Discrimination Claim
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In Conahan v. Medquest Ltd., et al, 20-cv-1325 (LJL), 2022 WL 16748585 (S.D.N.Y. Nov. 7, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of age discrimination asserted under the New York State and City Human Rights Laws. From the decision: The Second Circuit has stated that stray-age related remarks…

Read More Age Discrimination Claim, Based on Pre-Termination Age-Related Remarks, Survives Summary Judgment
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In Sicola v Cushman & Wakefield, No. 160229/15, 16600, 2021-03378, 2022 N.Y. Slip Op. 06185, 2022 WL 16640723, at *2 (N.Y.A.D. 1 Dept., Nov. 03, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim asserted under California law (specifically, California’s Fair Employment and Housing Act, or FEHA). From the decision: To make out…

Read More Age Discrimination Dismissal Affirmed; “Old School” and Other Comments Held Insufficient
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