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In Westbrooke v. Bellevue Hospital Center et al, 2019 WL 233611 (SDNY Jan. 16, 2019), the court dismissed plaintiff’s complaint – alleging employment discrimination – with prejudice. In sum, plaintiff alleged that she was discriminated against on the basis of her age, gender, disability, and race, and then subjected to retaliation for complaining about it. After […]

In Davis v. Town of Hempstead, 2019 WL 235644, at *5 (E.D.N.Y. Jan. 16, 2019), a sexual harassment case, the court (inter alia) concluded that the plaintiff was not an “employee” of the Town Clerk (defendant Bonilla) – whom she claimed sexually harassed her – and thus dismissed her claim under Title VII of the […]

In Farmer v. Dr. Lucia Patino, Optometrist, P.C., 2019 WL 110956 (E.D.N.Y. Jan. 4, 2019), the court dismissed plaintiff’s claim under the Genetic Information Nondiscrimination Act (GINA). It summarized the statute: The GINA restricts the circumstances under which an employer may request or use genetic information, including information about an individual’s “genetic tests, the genetic tests […]

From Bussa v. St. John’s University, 2019 WL 136641, at *3–4 (E.D.N.Y., 2019): Plaintiff has failed to allege sufficient facts to demonstrate that the defendant discriminated against him in violation of Title VII or the ADA. As a general matter, the complaint suggests that the plaintiff did not actually apply for a specific position, although he […]

In Marino v. City of New York, 2018 NY Slip Op 09027 (App. Div. 1st Dept. Dec. 27, 2018), the court affirmed the dismissal of plaintiff’s complaint alleging employment discrimination. From the decision: Plaintiff’s timely allegations fail to state claims for employment discrimination (see Askin v Department of Educ. of the City of N.Y., 110 AD3d 621 […]

In Diallo v. Whole Foods Market Group, Inc., 2019 WL 140728 (S.D.N.Y. Jan. 9, 2019), the court, inter alia, adopted a Magistrate Judge’s recommendation to deny defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: As to the merits, Whole Foods’ argument on the hostile work environment claim presents a […]

In Vitti v. Macy’s Incorporated, 17‐3493‐cv, 2018 WL 6721091 (2d Cir. Dec. 21, 2018) (Summary Order), the 2nd Circuit affirmed the dismissal of plaintiff’s employment discrimination claims against Macy’s Inc. and Clinique. In this case, plaintiff – who worked in the Clinique department of Macy’s Herald Square store in New York City – asserts claims of wrongful […]

In Sedhom v SUNY Downstate Med. Ctr., 2018 NY Slip Op 33210(U), 155837/2017 (Sup. Ct. NY Cty. Dec. 13, 2018), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the New York State and City Human Rights Laws. The court noted: Here … Plaintiff has alleged that she was frequently the subject of general […]

In McElroy v. The Dept. of Educ. of the City of New York, No. 160689/2017, 2019 WL 132532 (Sup Ct, New York County Jan. 08, 2019), the court (inter alia) denied defendant’s motion to dismiss, as insufficiently alleged, plaintiff’s claim that she was subjected to a “hostile work environment” because of her alleged disability (here, obesity). […]

In Chau v. Ryan Donovan, Granger Management LLC et al, 2019 WL 120766 (S.D.N.Y. Jan. 7, 2019), the court (inter alia) held that a non-NYC resident met the geographic requirement of the the NYC Human Rights Law. The court explained that “[i]n order for a nonresident to invoke the protections of the … NYCHRL, she must […]