Wrongful Termination

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In Luo v. AIK Renovation Inc. et al, 2023-cv-5878 (LJL), 24 WL 4444283 (S.D.N.Y. Oct. 8, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s discriminatory termination claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…

Read More Discriminatory Termination Claim, Based on Conflicting Explanations for Plaintiff’s Termination, Survives Summary Judgment
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In Friedman v. Bloomberg, L.P., 2024 NY Slip Op 04602 (App. Div. 1st Dept. Sept. 26, 2024), the New York Appellate Division, First Department, unanimously affirmed the lower court’s denial of defendant’s motion for summary judgment dismissing plaintiff’s complaint for disability discrimination and failure to accommodate disability under the New York City Human Rights Law.…

Read More Disability Discrimination (Termination) Claim Survives Summary Judgment, 1st Dept. Holds
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In Bart v. Golub Corporation, No. 23-238, 2024 WL 1281069 (2d Cir. March 26, 2024), the court clarified and reaffirmed “foundational principles governing pretext and causation in Title VII disparate treatment claims.” In sum, plaintiff, a female manager at Price Chopper (a supermarket chain operated by defendant Golub Corp.), was fired two days after she…

Read More 2nd Circuit Clarifies “Pretext” Analysis; Sex-Based Termination Claim Survives Summary Judgment
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In Harlow v. Molina Healthcare, Inc., 5:20-CV-1382, 2024 WL 1126736 (N.D.N.Y. March 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on her race-based termination claim, asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Here is the court’s application of the…

Read More Race-Based Discriminatory Termination Claim Survives Summary Judgment Against Molina Healthcare
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In Gregori, Antonio v. Hometown Foods USA, LLC, No. 23-cv-23356-ALTMAN/Reid, 2024 WL 474374 (S.D.Fla. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s –  Hispanic male of Peruvian national origin – claim of race discrimination asserted under 42 U.S.C. § 1981. From the decision: Having determined that the Plaintiff needn’t identify…

Read More Plaintiff Sufficiently Alleges Discrimination Under 42 U.S.C. § 1981 Based on Offensive and Derogatory Remarks, Court Finds
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In Richmond v. Montefiore Medical Center, 21 Civ. 8700 (PGG), 2023 WL 6216271 (S.D.N.Y. Sept. 25, 2023), the court denied defendants’ motion for summary judgment on plaintiff’s gender-based discrimination (termination) claim asserted under the New York State and City Human Rights Laws. Here is the court’s discussion of the third/final “pretext” step of the pertinent…

Read More Gender Discrimination Claims Survive Summary Judgment Against Montefiore Medical Center
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In Sakthivel v. Industrious Staffing Co., LLC, No. 650435/2020, 2021 WL 53146, 2021 N.Y. Slip Op. 30025(U), 4–5 (N.Y. Sup Ct, New York County Jan. 06, 2021), the court dismissed plaintiff’s claims of wrongful termination  under the New York Labor Law (specifically, NY Labor Law §§ 215, 740(2)). From the decision: Plaintiff alleges a workplace…

Read More Workplace Assault, Followed by Termination, Held Insufficient to Make Out NY Labor Law Whistleblower/Retaliation Claims
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In a recent case, Rubert v. Daniel King, et al, 2020 WL 5751513 (SDNY Sept. 25, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s disparate treatment (termination) discrimination claim under 42 U.S.C. § 1981. (I wrote about the court’s denial of defendants’ motion with respect to plaintiff’s hostile work environment claim here.)…

Read More Race Discrimination (Termination) Claim Dismissed Against Walmart et al
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In Jain v. Tokio Marine Management Inc., 2018 WL 4636842, (S.D.N.Y. Sept. 27, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination (promotion denial and termination). In sum, plaintiff – of Indian descent – asserted claims of discriminatory failure to promote, discriminatory termination, retaliatory failure to promote, and retaliatory…

Read More Race/National Origin Discrimination Case Survives Summary Judgment
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In Schindler v. Plaza Constr. LLC, 2017 NY Slip Op 07182 (App. Div. 1st Dept. Oct. 12, 2017), the court affirmed the denial of defendant’s motion to dismiss plaintiff’s – a female licensed crane operator – gender discrimination claim under the New York City Human Rights Law. From the decision/order: Even if Plaza is not plaintiff’s employer…

Read More Female Crane Operator Sufficiently Alleges Gender Discrimination (Wrongful Termination)
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