Religious Discrimination

In Salas v. New York City Department of Investigation, 2018 WL 1614339, 16-cv-8573 (S.D.N.Y. March 30, 2018), the court (inter alia) held that plaintiff failed to state a religious discrimination (hostile work environment) claim. From the decision: Salas has failed to allege even a single instance where she or a coworker was personally harassed on the…

Read More Religious Discrimination (Hostile Work Environment) Claim Not Stated

From Hammond v. New York-Presbyterian Hosp./Columbia University Medical Center, 2018 WL 1448072 (N.Y.Sup.), 2018 N.Y. Slip Op. 30472(U) (NY Sup. Ct. March 20, 2018): The allegations in plaintiff’s complaint do not make out a claim for hostile work environment based on her religion under either the state or local human rights laws. Plaintiff includes only three…

Read More Religious Discrimination (Hostile Work Environment) Claim Not Stated; “Bible Ridicule” (Among Other) Allegations Insufficient

In Shaw v. McDonald, 17-1122, 2018 WL 1357382 (2d Cir. March 16, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of the plaintiff’s religious discrimination (disparate treatment) claim. The court gives us a refresher on the legal standard for pleading a discrimination under Title VII of the Civil Rights Act of 1964, including…

Read More Religious Discrimination Claim Dismissed; Remarks Held Not Probative

In Penn v. New York Methodist Hospital, 2018 WL 1177293 (2d Cir. March 7, 2018), the Second Circuit affirmed the dismissal of plaintiff’s race and religious discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the Opinion: [T]he district court did not err in applying the ministerial exception doctrine. While a…

Read More Citing the “Ministerial Exception,” 2d Circuit Affirms Dismissal of Title VII Race/Religious Discrimination Claim

In Isakov v. HASC Ctr., Inc. Druker, No. 17-CV-5775 (BMC), 2018 WL 1114714 (E.D.N.Y. Feb. 27, 2018), the court held that plaintiff plausibly alleged a claim for religion-based employment discrimination under Title VII of the Civil Rights Act of 1964. Plaintiff asserted, inter alia, that he was treated differently/unfairly after he stopped practicing “Orthodox” Judaism,…

Read More Race, Religious Discrimination Claims Stated Against HASC Center; Plaintiff Alleged Mistreatment Due to Switching From “Orthodox” to “Traditional” Judaism

In Leizerovici v. Hasc Center, Inc., No. 17-CV-5774 (BMC), 2018 WL 1115348 (E.D.N.Y. Feb. 27, 2018), the court held that plaintiff plausibly alleged religious discrimination in violation of Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff] claims that just months before he was terminated, Osipov [one of plaintiff’s supervisors] expressly…

Read More Plaintiff Plausibly Alleges Title VII Religious Discrimination Claim

In Breitstein v. Michael C. Fina Co., 2017 NY Slip Op 08883 (App. Div. 1st Dept. Dec. 21, 2017), the court affirmed the dismissal of plaintiff’s religious discrimination, age discrimination, and retaliation causes of action under the New York State and City Human Rights Laws. This decision teaches/confirms that, in a discrimination case, the question is not…

Read More Religious/Age Discrimination & Retaliation Claims Properly Dismissed Against Michael C. Fina

In Fallon v. Mercy Catholic Medical Center of Southeastern Pennsylvanie, No. 16-3573 (3d Cir. Dec. 14, 2017), the U.S. Court of Appeals for the Third Circuit upheld a lower court’s dismissal of plaintiff’s claim for religious discrimination under Title VII of the Civil Rights Act of 1964. Specifically, plaintiff hospital worker was terminated after he…

Read More Anti-Vaccine Stance Not “Religious”; Title VII Discrimination Claim Properly Dismissed

In a recently-filed lawsuit, captioned Athar v. The Museum of Jewish Heritage et al (SDNY 17-cv-9491 Dec. 7, 2017), the plaintiff – a Pakistani-American Muslim – alleges that the defendants (including the Museum of Jewish Heritage) discriminated against him based upon his race, religion, and national origin, and retaliated against him, in violation of Title…

Read More Race/Religion/National Origin Discrimination Lawsuit Against the Museum of Jewish Heritage

In Petit v. Department of Educ. of the City of N.Y., 2017 NY Slip Op 32541(U), 155523/2016 (Sup. Ct. NY Cty. Dec. 1, 2017), the court dismissed plaintiff’s claims for discrimination, hostile work environment, and retaliation in violation of the New York State and City Human Rights Laws. Here I will discuss the court’s evaluation of plaintiff’s discrimination…

Read More Transfer to “Absent Teacher Reserve” Was Not an “Adverse Employment Action”; Discrimination Claim Dismissed