“Stray Remarks” Doctrine in Employment Discrimination Law

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In Mandeville v. NYC Health & Hospitals, No. 159748/2020, 2021 WL 2165639, 2021 N.Y. Slip Op. 31815(U) (N.Y. Sup Ct, New York County May 18, 2021), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the New York State and City Human Rights Laws. Notably, this decision considers, and rejects, defendants’ attempt…

Read More Age Discrimination Claims Survive Dismissal Against NYC Health & Hospitals Corp.; Alleged Ageist Comments Were Not “Stray Remarks”
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In Jackson v. Sheraton New York Times Square Hotel, 19-CV-4099, 2021 WL 2255698 (E.D.N.Y. June 3, 2021), the court, inter alia, dismissed plaintiff’s race discrimination claim, on the ground that the alleged racial comment was a “stray remark.” From the decision: The plaintiff has not established an inference of discrimination. She cites no evidence, and…

Read More Title VII Race Discrimination Claim Dismissed; “Fat Black Bitch” Comment Was a “Stray Remark”
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In Ali v. Westchester Medical Center et al, 2021 WL 1022615 (S.D.N.Y. March 17, 2021), the court, inter alia, granted defendants’ motion for summary judgment and dismissed plaintiff’s national origin discrimination claim. From the decision: Summary judgment is granted as to Ali’s claim of discrimination based on national origin. Ali has not established a prima…

Read More Medical Residency National Origin (Egyptian) Discrimination Claim Dismissed
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In 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
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In Tihan v. Apollo Management Holdings, L.P., No. 152196/2019, 2021 WL 274709 (N.Y. Sup Ct, New York County Jan. 27, 2021), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s (a Turkish Muslim) claims of discrimination based on his national origin or religion. The court rejected plaintiff’s argument that his performance reviews…

Read More National Origin, Religious Discrimination Claims Dismissed Against Apollo Management Holdings
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A recent decision, Rimpel v. AdvantageCare Physicians, P.C., 2020 WL 5517281 (E.D.N.Y. Sept. 14, 2020), discusses and applies the “stray remarks” doctrine as it applies to a claim of “disparate treatment” discrimination: From the decision: Here, no reasonable jury could conclude by a preponderance of the evidence that Plaintiff’s termination was partially motivated by age…

Read More Age Discrimination Claims Dismissed Upon Application of the “Stray Remarks” Doctrine
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In Lively v. WAFRA Investment Advisory Group, Inc. et al, 2020 WL 4038350 (S.D.N.Y. July 17, 2020), the court, inter alia, granted defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The complaint…

Read More Age Discrimination Claim Dismissed; Court Finds That Sexual Harassment Allegation Against Plaintiff Was a More Likely Cause of Termination Than “Remote” Age-Related Comment
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In Smith v. Global Contact Holding Co., No. 156087/2019, 2020 WL 3485542 (N.Y. Sup Ct, New York County June 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged discrimination based on his “gender identify” under the New York State and City Human Rights Laws. From the decision: Here, plaintiff has alleged that he…

Read More “Gender Identity” Discrimination Claim Survives Dismissal Under the NYS and NYC Human Rights Laws
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In Langella v. Mahopac Central School District, 2020 WL 2836760 (SDNY May 31, 2020), the court, inter alia, dismissed plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act (ADA). Among other things, this decision is instructive as to how courts apply the (relatively recently established/confirmed) “but for” causation standard under the ADA. Plaintiff…

Read More Disability Discrimination Claim Dismissed; Tinnitus, Hypertension Not “Disabilities”; Medical Conditions Not “But For Cause” of Adverse Actions
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In Johnson v. City of New York, 2020 WL 2036708 (S.D.N.Y. April 28, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race discrimination claims 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. On the race discrimination claim,…

Read More Firefighter’s Race Discrimination Claims Dismissed; Comments Were “Stray Remarks”
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