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In Bentivegna v. People’s United Bank, No. 214CV599ADSGRB, 2017 WL 3394601 (E.D.N.Y. Aug. 7, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims. The law: To establish a hostile work environment claim under federal and New York State law, a plaintiff must demonstrate that the conduct at issue […]

In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court held that plaintiff sufficiently alleged a retaliation claim under the Americans with Disabilities Act (ADA).[1]I addressed this decision’s resolution of plaintiff’s hostile work environment and disability discrimination claims, respectively, here and here. Plaintiff worked as a […]

In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA), on the ground that plaintiff did not plausibly allege that she suffered a “disability” within the meaning of the statute.[1]The court also granted defendant’s […]

In Falcon v. City University of New York, 15-cv-3421, 2017 WL 2982980, (E.D.N.Y. July 10, 2017), the court held that plaintiff sufficiently alleged a claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged sufficient facts to survive 12(b)(6) scrutiny regarding retaliation against her internal complaint […]

In Culleton v. Honeywell International, Inc., No. 15-cv-3739, 2017 WL 2817101 (E.D.N.Y. June 29, 2017), the court dismissed plaintiff’s gender and age-based employment discrimination claims. Plaintiff’s negative evaluations were not “adverse employment actions” actionable under the law: In the context of a discrimination claim, negative evaluations, criticism and unwanted scrutiny are not adverse employment actions […]

In Gentleman v. State Univ. of N.Y.-Stony Brook, No. 16-CV-2012(ADS)(AKT), 2017 WL 2468963 (E.D.N.Y. June 6, 2017), the court held that plaintiff sufficiently alleged a claim of discrimination under the Rehabilitation Act. In sum, the court concluded that – applying the more lenient standard for “regarded as disabled” claims – plaintiff plausibly alleged that she “was […]

In Wooding v. Winthrop Univ. Hosp., No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017), the court held that plaintiff plausibly alleged a racially hostile work environment. It provides a summary/overview of the pleading standards for this type of claim: To establish a hostile work environment claim under federal and New York State law, a […]

In Wooding v. Winthrop University Hospital et al, No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017) (J. Spatt), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6). It held that plaintiff plausibly alleged various claims, including race discrimination, retaliation, and hostile […]

From Bailey v. Sunrise Senior Living Mgmt., Inc., No. 16-CV-7184(JS)(GRB), 2017 WL 2371196 (E.D.N.Y. May 31, 2017): Here, although Plaintiff’s Complaint broadly alleges that he was subjected to a religion-based or national origin-based adverse employment action, there are no facts set forth in the Complaint from which the Court could reasonably infer a religious-based, or […]

In Love v. Premier Util. Servs., LLC, No. 15-CV-5698(ADS)(ARL), 2017 WL 2418268 (E.D.N.Y. June 3, 2017), the court granted plaintiff leave to file an amended complaint to add a claim of a racially hostile work environment. Judge Spatt wrote: Accepting the allegations in the [proposed amended complaint] as true, Dunham is alleged to have witnessed one […]