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Employment Discrimination

In Martinez v. Davis Polk & Wardwell LLP, 2017 WL 5592281 (2d Cir. Nov. 21, 2017), the Second Circuit affirmed the dismissal of plaintiff’s Title VII race-based pay discrimination and retaliation claims. (Here I’ll focus on the court’s evaluation of plaintiff’s retaliation claim.) The court explained the legal requirements for making out a retaliation claim: […]

In Chauca v. Abraham, 2017 NY Slip Op 08158, 2017 WL 5557932 (N.Y. Nov. 20, 2017), the New York Court of Appeals – answered a certified question from the U.S. Court of Appeals for the Second Circuit – regarding the appropriate standard applicable for when punitive damages may be awarded under the New York City Human […]

On November 18, 2017, a plaintiff filed a lawsuit (captioned Cater v. State of New York et al (SDNY 17-cv-9032 Nov. 18, 2017)) against the State of New York, the Empire State Development Corporation, Governor Andrew Cuomo, and William Ballard Hoyt a/k/a Samuel B. Hoyt, III. In it, plaintiff alleges, inter alia, that “Defendant Hoyt engaged in […]

In Garcia v. Barclays Capital, Inc., et al, 13-cv-5308, 2017 WL 5499789 (S.D.N.Y. Nov. 15, 2017), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s employment discrimination claims. The court reached this decision by, inter alia, applying the so-called “same actor inference.” That doctrine provides that “the person who made the decision to […]

Here is an excerpt from the NYC Commission on Human Rights’ November 16, 2017 press release regarding its efforts to enforce the recently-enacted Fair Chance Act: The NYC Commission on Human Rights announced charges today against 12 local and national businesses for violating the Fair Chance Act, including Estée Lauder, Family Dollar, Kroll Associates, Tavern on […]

In Kassapian v. City of New York, 2017 NY Slip Op 07985, 2017 WL 5474008 (N.Y.A.D. 2 Dept. Nov. 15, 2017), the Second Department held that plaintiff sufficiently alleged claims of sexual harassment, age discrimination, and retaliation under the NYC Human Rights Law. As to plaintiff’s sexual harassment claim, the court explained: The allegation that […]

In Ada Damla Demir, Plaintiff-Respondent, v. Sandoz Inc., et al., Defendants-Appellants., 2017 WL 5328744 (App. Div. 1st Dept. Nov. 14, 2017), the court held that plaintiff sufficiently alleged violations of New York’s Whistleblower Law (Labor Law 740) and employment discrimination claim (under the New York State Human Rights Law). Initially, the court held that plaintiff’s Whistleblower […]

In Chakraborty v. Valentina Soto & The Riverside Church, 16-cv-9128, 2017 WL 5157616 (S.D.N.Y. Nov. 6, 2017), the court explained and applied the “election of remedies” doctrines codified in the New York State and City Human Rights Laws. Specifically, it held that that doctrine deprived it of subject matter jurisdiction to hear plaintiff’s NYSHRL and NYCHRL […]

From Ortiz v. Gazes, LLC, 2017 NY Slip Op 32339(U) (N.Y. Sup. Ct. N.Y. Cty. 150876/2015 Oct. 30, 2017): Defendants have articulated legitimate reasons for terminating plaintiff by pointing to, among other things, plaintiff’s chronic absences, lateness and her inability to handle some of the work necessary. However, defendants acknowledge that they did not address attendance issues with […]

In Dwyer v. Timothy O. Horne, as Acting Administrator of the General Services Administration, 12-cv-1176, 2017 WL 5197234 (E.D.N.Y. Nov. 9, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment and retaliation claims under Title VII of the Civil Rights Act of 1964. This decision provides an overview of […]