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Employment Law

In a recently-filed lawsuit, captioned Lockwood v. CBS Radio Inc., Joseph Benigno et al (NY Supreme Ct. Kings Cty. Index 514650/2018, July 17, 2018), plaintiff alleged, inter alia, “that the terms, conditions and privileges of her employment relationship with Defendants … were adversely affected because of her sex” and “that she was subjected to sexual […]

In Fullwood v. Sodexo, Inc. et al, 16-cv-6527, 2018 WL 3439866 (WDNY July 17, 2018), the court, inter alia, dismissed plaintiff’s race- and sex-based hostile work environment claims. As to her sex-based claim, the court explained: Plaintiff also claims that sexual harassment caused a hostile work environment. Pl. Mem. at 20. The Court has reviewed […]

In Daniel v. T&M Protection Resources LLC, 13-cv-43842018 WL 3388295 (S.D.N.Y. July 12, 2018), the court addressed what it characterized as “a threshold legal question,” namely, “whether a plaintiff may aggregate evidence of racial and sexual harassment to support a hostile work environment claim where neither charge could survive on its own.” On this issue, […]

In Smith v. The City of New York, 16-cv-9244, 2018 WL 3392872 (S.D.N.Y. July 12, 2018), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the New York State Human Rights Law and the NYC Human […]

In Durden v. Metropolitan Transit Authority, 17-cv-5558, 2018 WL 3360757 (S.D.N.Y. July 10, 2018), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation that it grant defendant’s motion to dismiss plaintiff’s claim for gender discrimination under Title VII of the Civil Rights Act of 1964. The facts, in sum: plaintiff was accused by a […]

In Agostini v. EmblemHealth, Inc. et al, 16-cv-7119, 2018 WL 3350324 (S.D.N.Y. July 9, 2018), the court held that plaintiff was entitled to pursue her claims in federal court, notwithstanding the existence of an arbitration provision in the Collective Bargaining Agreement (CBA) between her union and her employer. Here’s the law, as summarized by the […]

In Cantey v. Mount Vernon City School District, 16-cv-2669, 2018 WL 3315574 (S.D.N.Y. July 5, 2018), the court dismissed claims asserted by plaintiff -an African American Jehovah’s witness – that she suffered discrimination on the basis of her race and religion under Title VII of the Civil Rights Act of 1964. At the center of this […]

From Chioke v. Department of Education of City of New York, 15-cv-01845, 2018 WL 3118268 (E.D.N.Y. June 25, 2018): Chioke argues that the following specific incidents contributed to a hostile work environment: Monheit “requesting she bring in her credentials”; “Monheit commenting on her accent”; her “not being able to take time off to see her […]

In Caddick v. Personnel Co. I LLC, 16-cv-7326, 2018 WL 3222520 (S.D.N.Y. June 29, 2018), the court dismissed plaintiff’s Title VII claims of gender and national origin discrimination claims because they were not properly “exhausted” at the Equal Employment Opportunity Commission (EEOC). The court explained: In Plaintiff’s Second Amended Complaint, she has asserted that she was […]

In Adlah v. Emergency Ambulance Services, 17-CV-4688, 2018 WL 3093972 (E.D.N.Y. June 22, 2018), the court held that plaintiff – who worked for defendant as an EMT – pleaded enough facts to support his claims of employment discrimination and hostile work environment under Title VII of the Civil Rights Act of 1964 on the basis […]