“Stray Remarks” Doctrine in Employment Discrimination Law

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From Gebrial Rasmy, Plaintiff, v. Marriott International, Inc., d/b/a JW Marriott Essex House Hotel, et al., Defendants., 2018 WL 4682231 (S.D.N.Y. Sept. 28, 2018): Plaintiff writes in his opposition brief that Efstratiou would tell Plaintiff, who he knew to be a devout Christian, that “God is garbage” and “Religions [are] for the stupid people,” but…

Read More Court Dismisses Christian’s “Anti-Religion” Discrimination/Hostile Work Environment Claim; Comments Not Made Directly to Plaintiff Deemed “Stray Remarks”
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In Fields v. New York City Health and Hospital Corporation, 17-cv-6042, 2018 WL 3518506 (E.D.N.Y. July 20, 2018), the U.S. District Court for the Eastern District of New York, inter alia, dismissed plaintiff’s claims of race and national origin discrimination under Title VII of the Civil Rights Act of 1964 and the New York City Human…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Dismissed Against NYC Health & Hospital Corporation
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In Lowe v. Mount Sinai Health System, Inc., 16-cv-6074, 2018 WL 2089345 (S.D.N.Y. 2018), the court dismissed plaintiff’s claims of race discrimination (termination), hostile work environment, and retaliation. Plaintiff testified at her deposition that, e.g., her supervisor (Lopiano) made racial comments, such as “why don’t you go back to Haiti” and “you can’t even speak…

Read More Citing “Stray Remarks” Doctrine and Plaintiff’s Mistakes, Court Dismisses Discrimination, Hostile Work Environment, and Retaliation Claims
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In Esar v. JP Morgan Chase Bank N.A., 15-cv-382, 2018 WL 2075421 (E.D.N.Y. May 3, 2018), the court (inter alia) dismissed plaintiff’s hostile work environment claims. Plaintiff asserted that she was subjected to an “atmosphere of adverse action”, namely (i) lobby cleaning assignments, (ii) covering for one week at another branch, (iii) unpacking branch supplies,…

Read More Hostile Work Environment Claims Dismissed Against JP Morgan Chase Bank
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In Blair v. Brooklyn Transportation Corp., 17-cv-383, 2018 WL 1581974 (E.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss plaintiff’s gender discrimination claim. From the decision: Plaintiff’s allegations are sufficient for the Court to infer that Defendant discriminated against Plaintiff. Defendant was aware of Plaintiff’s transgender status because, when Plaintiff began…

Read More Transgender Discrimination Case Continues Against Brooklyn Transportation Corp.
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In Testa v. CareFusion, 2018 WL 1611378 (E.D.N.Y. April 3, 2018), the court granted defendant’s summary judgment motion on plaintiff’s federal age discrimination claim under the Age Discrimination in Employment Act (ADEA). From the decision: The only evidence upon which plaintiff relies are alleged stray remarks made by Stuckert [the person to whom plaintiff directly…

Read More Age Discrimination Claim Dismissed Against CareFusion; Comments Were “Stray Remarks”
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In Picault v. World Business Lenders, 16-cv-3682, 2018 WL 748975 (S.D.N.Y. Feb. 7, 2018) (J. Oetken), the Southern District of New York dismissed plaintiff’s (a Haitian-American man) national origin discrimination lawsuit. The court explained that a discrimination plaintiff “must satisfy his initial burden by showing (1) that he belonged to a protected class; (2) that…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses National Origin Discrimination Case Based on “Haitian Voodoo” Comment
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In Basso v. EarthLink, Inc., 2018 NY Slip Op 00030 (App. Div. 1st Dept. Jan. 2, 2018), the court affirmed summary judgment in defendants’ favor on plaintiff’s claims of gender and age discrimination under the New York State and City Human Rights Laws. From the decision: Plaintiff carried her “de minimis burden” of showing a prima…

Read More Age/Gender Discrimination Claims Properly Dismissed; Pretext Not Shown
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In Breitstein v. Michael C. Fina Co., 2017 NY Slip Op 08883 (App. Div. 1st Dept. Dec. 21, 2017), the court affirmed the dismissal of plaintiff’s religious discrimination, age discrimination, and retaliation causes of action under the New York State and City Human Rights Laws. This decision teaches/confirms that, in a discrimination case, the question is not…

Read More Religious/Age Discrimination & Retaliation Claims Properly Dismissed Against Michael C. Fina
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In Cherry v. NYC Housing Authority et al, 15-cv-6949, 2017 WL 4357344 (E.D.N.Y. Sept. 29, 2017) (J. Brodie), the court held (inter alia) that plaintiff sufficiently alleged gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff – a black male – alleged, among…

Read More Male Worker’s Gender Discrimination Among Claims Surviving Dismissal
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