Judge Engelmayer

From James v. NYC Health & Hospitals Corp. et al, 2017 WL 3923675 (S.D.N.Y. Sept. 6, 2017): Defendants argue that Waiters’s alleged conduct was not sufficiently severe or pervasive as a matter of law. See Def. Br. at 12 (claiming conduct “lacks any semblance of concreteness, vulgarity or even obscenity”). That evidence, however, is sufficient…

Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment Against NYC Health & Hospitals Corp.

In Washington v. Borough of Manhattan Cmty. Coll., No. 16 CIV. 6168 (PAE), 2016 WL 7410717 (S.D.N.Y. Dec. 21, 2016), the Southern District of New York dismissed plaintiff’s claims under the New York State and City Human Rights Laws against the Borough of Manhattan Community College, since she did not comply with the notice of…

Read More Court Dismisses State/City Human Rights Law Employment Discrimination Claims Against NYC Community College (BMCC) Due to Failure to File Notice of Claim

A recent decision, Smith v. JPMorgan Chase, No. 15 CIV. 808 (PAE), 2016 WL 5339548 (S.D.N.Y. Sept. 23, 2016), is instructive on the law governing settlement agreements, including those claimed to bar Title VII discrimination claims. In this case, the African American plaintiff alleged that she “was terminated after an internal investigation for a violation of…

Read More Court Holds That Settlement Agreement Was Broad Enough to Include Title VII Claims

In Taft v. Agric. Bank of China Ltd., No. 15 CIV. 5321 (PAE), 2016 WL 80209 (S.D.N.Y. Jan. 6, 2016), the Southern District of New York ruled on defendant’s motion to dismiss plaintiff’s whistleblower retaliation claim under the Bank Secrecy Act (BSA). Plaintiff alleged that “she was subjected to frequent sexually charged comments and gender-related…

Read More Court Interprets Retaliation Provision of the Bank Secrecy Act

In Erasmus v. Deutsche Bank Americas Holding Corp. et al, No. 15 CIV. 1398 (PAE), 2015 WL 7736554 (S.D.N.Y. Nov. 30, 2015), the Southern District of New York (Judge Engelmayer) dismissed plaintiff’s hostile work environment and discrimination claims, but permitted plaintiff’s retaliation claims (albeit in limited form) to continue. Plaintiff, a heterosexual male, alleged in…

Read More Retaliation Claims, But Not Discrimination & Hostile Work Environment Claims, Remain Against Deutsche Bank

In Feliciano v. City of New York, No. 14 CIV. 6751 PAE, 2015 WL 4393163 (S.D.N.Y. July 15, 2015), the Southern District of New York held that plaintiff, a Hispanic Lieutenant employed by the New York City Sheriff’s Department, sufficiently alleged a prima facie case of discriminatory failure to promote based on race and national origin…

Read More Lieutenant Sufficiently Alleges Discriminatory Failure to Promote and (Limited) Retaliation Claim

In Bivens v. Institute for Community Living, 15-cv-07173 (SDNY April 17, 2015), the Southern District of New York held that plaintiff plausibly alleged gender discrimination under Title VII of the Civil Rights Act of 1964 (and, necessarily, the New York City Human Rights Law). In addition to providing guidance on pleading these types of claims,…

Read More Instructive Decision on Pleading a Title VII Gender Discrimination Claim

In Graham v. Macy’s, Inc., SDNY 14-cv-3192 (March 23, 2015), Southern District Judge Paul Engelmayer granted defendant Macys’ motion to dismiss the pro se plaintiff’s claims of discrimination based on disability (here, arthritis and bipolar disorder) under the Americans with Disabilities Act (ADA). Although Judge Engelmayer determined that plaintiff’s complaint was deficient – citing, for example,…

Read More Disability Discrimination Roadmap