In Hernandez v. Harvard Maintenance, 20-CV-0083, 2020 WL 815721 (S.D.N.Y. Feb. 19, 2020), the court summarized what a plaintiff must plead in order to state a claim under Title VII of the Civil Rights Act of 1964. The court wrote: Title VII provides that “[i]t shall be an unlawful employment practice for an employer ……
Read More Title VII Pleading Standard SummarizedIn Adeniji v. U.S. Department of Commerce Census Bureau NY Regional Office, 2020 WL 882166 (S.D.N.Y. 2020), the court dismissed the claims by plaintiff – a Census Bureau employee – for employment discrimination. Initially, the court dismissed plaintiff’s claims of discrimination under 42 U.S.C. § 1981, the NYS Human Rights Law, and the New York…
Read More Census Bureau Employee’s Employment Discrimination Claims DismissedIn Raucci v. Center for Disability Services, Inc., 19-cv-1002, 2020 WL 777269 (N.D.N.Y. Feb. 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: In the present matter, the Court finds that Plaintiff has failed to plead facts alleging that she suffered abuse rising to the level of a hostile…
Read More Hostile Work Environment Claim Dismissed Against Center for Disability ServicesIn Garcia v. Yonkers Board of Education, 2020 WL 747916 (2d Cir. Feb. 14, 2020) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Specifically, plaintiff alleged that she was brought up on disciplinary charges…
Read More Retaliation Claim Dismissal Affirmed; 3020-a Hearing’s Factual Findings Given Preclusive EffectIn Yu v. City of New York, Administration for Children’s Services, 2020 WL 521863 (2d Cir. Feb. 3, 2020) (Summary Order), the court held, inter alia, that plaintiff’s hostile work environment claim was not (contrary to the district court’s conclusion) time-barred as a matter of law. Initially, the court upheld the district court’s dismissal of…
Read More Hostile Work Environment Claim Dismissal Vacated and RemandedIn Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff sufficiently alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged that, throughout his time working at the Printing Center he was…
Read More Hostile Work Environment Claim Sufficiently Alleged by Hispanic PlaintiffIn Pratt v. Megan J. Brennan, Postmaster General et al, 2020 WL 364195 (S.D.N.Y. Jan. 22, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: Here, Plaintiff has failed to plausibly allege a hostile work environment claim. Plaintiff argues that the Amended Complaint includes “allegations of harassing and discriminatory conduct,”…
Read More Hostile Work Environment Claim Dismissed Against U.S. Postal ServiceIn 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 Valerio v. City of New York, 18-cv-11130, 2020 WL 353749 (S.D.N.Y. Jan. 21, 2020), the court, inter alia, held that plaintiff sufficiently alleged claims of employment discrimination – based on his national origin, race, and color – in violation of Title VII of the Civil Rights Act of 1964 and the New York State…
Read More NYPD Corrections Officer’s Title VII Disparate Treatment Claim Survives Dismissal; “Adverse Employment Action” Sufficiently AllegedIn Vivian Xiang v. Eagle Enterprises, LLC, 19-cv-1752, 2020 WL 248941 (S.D.N.Y. January 16, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy discrimination claim, asserted under Title VII of the Civil Rights Act of 1964. The law, as summarized by the court: A plaintiff must plead sufficient facts to show that…
Read More Pregnancy Discrimination Claim Sufficiently Alleged