A recent decision, Dudley v. New York City Housing Authority, 2017 WL 4315010 (S.D.N.Y. Sept. 25, 2017), reaffirms the principle that a hostile work environment claim must arise from hostility because of a protected characteristic. In this case, plaintiff alleged that he “was subjected to a hostile work environment in retaliation for his prior protected…
Read More Court Dismisses “Retaliatory Hostile Work Environment” ClaimsIn Rogers v. Bank of New York Mellon, 2017 WL 4157376 (S.D.N.Y. Sept. 19, 2017), the court granted defendants’ motion for reconsideration and dismissed plaintiff’s claims of race- and color-based pay discrimination in violation of Title VII of the Civil Rights of 1964, the New York State Human Rights Law, and the New York City…
Read More Race/Color-Based Pay Discrimination Claims Dismissed on ReconsiderationIf you are a victim of employment discrimination in New York City and are prepared to formally pursue a claim (i.e., proceed beyond pre-filing negotiations), there are several procedural options available to you. These include (but may not be limited to): State Court, Federal Court, U.S. Equal Employment Opportunity Commission (EEOC), New York State Division…
Read More Employment Discrimination: Filing OptionsIn Freeman v. Rochester Psychiatric Center, 12-cv-06045 (WDNY Sept. 20, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s disparate treatment race discrimination claim under Title VII of the Civil Rights Act of 1964. It was undisputed that plaintiff was a member of a protected class and that he was qualified for his…
Read More Citing Employee’s “Serial Killer” Comment, Court Dismisses Race Discrimination (Disparate Treatment) Claim Against Rochester Psychiatric CenterIn Weinstein v. City of New York, New York City Department of Sanitation, 2017 WL 3891699 (S.D.N.Y. Sept. 5, 2017), the court held that plaintiff sufficiently alleged discrimination based on his race and religion under Title VII of the Civil Rights Act of 1964, and race, religion, and disability under the New York City Human Rights…
Read More Sanitation Worker’s Race, Color, & Disability Discrimination Claims Survive Motion to DismissIn Duarte v. St. Barnabas Hospital, 2017 WL 4082307, at *17 (S.D.N.Y. Sept. 13, 2017), the court held that material issues of fact precluded summary judgment for defendant on plaintiff’s disability and national origin-based hostile work environment claim. As to plaintiff’s hearing condition, the court noted: Here, Plaintiff has offered evidence that – during weekly…
Read More Accent- and Disability-Based Hostile Work Environment Claim Survives Summary JudgmentIn Arcos v. New School University, 2017 WL 3868495, at *7 (S.D.N.Y., 2017), the court upheld a jury verdict that plaintiff was subjected to discrimination based on his race and national origin (Cuban/Hispanic) under Title VII, § 1981, the NYSHRL, and the NYCHRL. In sum, plaintiff – a Cuban-born Hispanic man – was a faculty member at…
Read More Court Upholds Jury Verdict in Cuban Professor’s Favor on Employment Discrimination ClaimsIn Butterfield-Bajinan v. City of New York, 2017 WL 4045175 (S.D.N.Y. Sept. 11, 2017), the court granted defendant’s motion to dismiss plaintiff’s Title VII race discrimination claim as insufficiently alleged. The court explained what a plaintiff asserting such a claim must allege: To survive a motion to dismiss, a complaint alleging employment discrimination under Title…
Read More Title VII Race Discrimination Claim Dismissed; Court Cites Lack of Alleged Racial Comments or Favorable Treatment of “Similarly Situated” Caucasian EmployeesIn Percy v. The State of New York (Hudson Valley DDSO), Local 412 of the CSEA, Inc., Local 1000, AFSCME AFL-CIO, Basil Townsend, 264 F.Supp.3d 574, 585 (S.D.N.Y. 2017), the court explained: Courts are split on the question of whether rejecting unwanted sexual advances constitutes protected activity. See Little, 210 F. Supp. 2d at 385-86…
Read More Rejecting a Supervisor’s Sexual Advances is “Protected Activity” For Purposes of a Retaliation Claim, Court HoldsIn Seck v. Information Management Network, 2017 WL 3879683 (2d Cir. Sept. 6, 2017) (Summary Order), the court reiterated the rule that “[a] cause of action for employment discrimination accrues from the moment of the discrete act constituting an unlawful employment practice, not from when the discriminatory motive is discovered.” Applying the law, the court held:…
Read More 2d Circuit Affirms Dismissal of Employment Discrimination Claims as Untimely; Rejects “Motive Discovery” Rule