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Employment Discrimination

Below is a copy of the federal court complaint, captioned Avery v. Le Bernardin, Inc. et al, SDNY 18-cv-00626 (filed Jan. 24, 2018), against restaurant Le Bernardin, Inc., Maguy Le Coze, and Eric Ripert. The complaint alleges, inter alia, that defendant failed to pay plaintiff lawful wages; that “Women at Le Bernardin are sexually harassed, […]

In Lai v. Deiorio Foods, Inc., 15-CV-0195, 2018 WL 987258 (N.D.N.Y. Feb. 20, 2018), the court granted defendant’s motion for summary judgment on plaintiff’s claims of national origin discrimination and national origin-based hostile work environment. As to plaintiff’s discrimination claim, the court explained: Plaintiff alleges that Kucevic harbored bias against her. Exs. at 11–12. However, […]

In Knight v. State University of New York at Stony Brook, 880 F.3d 636 (2d Cir. Jan. 29,  2018), the Second Circuit held that “a trial court does not commit error by submitting the question of whether the plaintiff was the defendant’s employee to the jury.” In this case, plaintiff (an African-American electrician) sued Defendant […]

In Dollinger v. New York State Insurance Fund, 2018 WL 832904 (2d Cir. Feb. 13, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim under the Americans with Disabilities Act. From the Order: The District Court also correctly dismissed Dollinger’s ADA hostile-work-environment claim. We have not yet […]

In Hausdorf v. New York City Department of Education, 2018 WL 895657 (S.D.N.Y. Feb. 14, 2018), the court adopted a Report & Recommendation as to plaintiff’s age discrimination and retaliation claims.((The court also upheld the dismissal of plaintiff’s hostile work environment claims (as insufficiently “hostile”) other claims under the NYCHRL’s election-of-remedies doctrine and failure to […]

In a recently-filed lawsuit, captioned Lauren Bonner v. Point72 Asset Management, L.P., Steven A. Cohen, et al (SDNY 18-cv-1233 filed 2/12/18), plaintiff asserts, among other things, that defendant engaged in gender discrimination by, e.g., holding “no girls allowed” meetings and paying female employees “substantially less than their male counterparts.” She also alleges that the President […]

The law is well-settled that in order to file a claim for employment discrimination under Title VII of the Civil Rights Act of 1964 in federal court, a plaintiff “must first pursue available administrative remedies and file a timely complaint with the [U.S. Equal Employment Opportunity Commission].” See 42 U.S.C. § 2000e–5(e) and (f). This […]

From Polite v. Khan Funds Management America, Inc., 2018 WL 894394 (S.D.N.Y. Feb. 5, 2018): Even assuming for purposes of this motion that KFMA is subject to Title VII, Plaintiff’s allegations still fail to state a claim for employment discrimination. Plaintiff has not alleged that his co-workers’ comments and behavior were either sufficiently pervasive or […]

In Matthews v. Hewlett-Packard Company, 15-cv-3922, 2017 WL 6804075 (S.D.N.Y. Dec. 22, 2017), a race discrimination/hostile work environment/retaliation case, the court explained and applied the principles applicable to the admissibility of expert testimony – under FRE 702/Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) – as to emotional distress damages. In sum, the court […]

In Reiter v. Maxi-Aids, Inc., 14-cv-3712, 2018 WL 557864 (E.D.N.Y. Jan. 19, 2018), the court (inter alia) upheld a jury’s determination that plaintiff was subject to “associational discrimination” under the Americans with Disabilities Act. In sum, defendant’s principal (Zaretsky) terminated plaintiff shortly after plaintiff advised Zaretsky about an issue concerning his daughter, Bailey, who suffered […]