Employment Discrimination

From Felder v. United States Tennis Association, 2019 WL 1517511, at *3 (S.D.N.Y. April 8, 2019): To succeed on a hostile work environment claim, a plaintiff must show that “the workplace was so severely permeated with discriminatory intimidation, ridicule, and insult that the terms and conditions of her employment was thereby altered.” Alfano v. Costello,…

Read More Hostile Work Environment Claim Dismissed; Doctrine Inapplicable Where Plaintiff Was Not Hired

In Carrington v. New York State Off. for People With Dev. Disabilities, 2019 NY Slip Op 01887 (App. Div. 4th Dept. March 15, 2019), an employment discrimination case, the court affirmed the lower court’s order granting defendant’s pre-answer motion to dismiss plaintiff’s complaint – alleging discrimination based on prior criminal conviction in violation of the…

Read More Criminal Conviction Discrimination Case Properly Dismissed as Untimely, Court Holds

In Davis-Garett v. Urban Outfitters, Incorporated, 17-3371-cv, 2019 WL 1510428 (2d Cir. April 8, 2019), the U.S. Court of Appeals for the Second Circuit vacated a district court’s dismissal of plaintiff’s age discrimination, hostile work environment, and retaliation claims against Urban Outfitters under, e.g., the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§…

Read More 2d Circuit Vacates Dismissal of Age Discrimination, Including Hostile Work Environment, Claims Against Urban Outfitters/Anthropologie

In D’Andrea v. Kirstjen M. Nielsen, Secretary, Department of Homeland Security, 2019 WL 1503923 (2d Cir. April 5, 2019) (Summary Order), the Second Circuit – after affirming the dismissal of plaintiff’s retaliation claim – turned to plaintiff’s hostile work environment claim. The court understood plaintiff “to argue that DHS created a hostile work environment in…

Read More 2d Circuit Remands Hostile Work Environment Question to District Court

In Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. March 31, 2019), a sexual harassment/retaliation case, the court – in addition to denying defendant’s motion for judgment as a matter of law on plaintiff’s retaliation claim – next evaluated the jury’s damage awards to plaintiff ($750,000 in emotional distress damages, $500,000…

Read More Court Remits Punitive Damages Award, from $500,000 to $250,000, in Sexual Harassment/Retaliation Case Against Columbia University

In Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. March 31, 2019), a sexual harassment/retaliation case, the court – in addition to denying defendant’s motion for judgment as a matter of law on plaintiff’s retaliation claim – next evaluated the jury’s damage awards to plaintiff ($750,000 in emotional distress damages, $500,000…

Read More Court Remits $750,000 Award for Emotional Distress Damages in Retaliation/Sexual Harassment Case Against Columbia University

In Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. March 31, 2019), a sexual harassment/retaliation case, the court denied defendant’s motion for judgment as a matter of law on plaintiff’s retaliation claim, but granted its motion for remittitur as to the jury’s damage awards for compensatory/emotional distress damages and punitive damages.…

Read More Jury Verdict of Retaliation for Complaints of Sexual Harassment Against Columbia University Professor Upheld

In a recent decision, Feldesman v. Interstate Hotels LLC, 16-cv-9352, 2019 WL 1437576 (S.D.N.Y. March 31, 2019), the court, inter alia, explained that, under the circumstances, so-called “sex neutral” events contributed to plaintiff’s actionable hostile work environment claim. From the decision: Interstate also asserts that the evidence establishes that struggles about money, authority, and bar…

Read More Court Finds “Sex Neutral” Events Contributed to Actionable Hostile Work Environment Against Hotel Employer

In Nixon v. TWC Administration LLC, 16-cv-6456, 2019 WL 1428348 (SDNY March 29, 2019), the court, inter alia, dismissed plaintiff’s age discrimination (wrongful termination) claim under the Age Discrimination in Employment Act of 1967 (ADEA). Plaintiff conceded that she violated several of defendant’s policies, but claimed that her termination based on such violations was a…

Read More Age Discrimination Claim Dismissed; “Dinosaur” and Other Comments Lacked Sufficient Nexus to Termination