Judge: J. Paul Oetken

In Burgos v. City of New York, 2019 WL 1299461, at *10–11 (S.D.N.Y., 2019), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim – though it did dismiss his claims of discrimination based on his race (Hispanic) and religion (Islam). The court held that plaintiff sufficiently alleged the existence of one or…

Read More Sanitation Worker’s Title VII Retaliation Claim Survives Dismissal Against the City of New York

In Geffner v. Quanta Services, Inc., 2018 WL 6807388 (S.D.N.Y. 2018), the court, inter alia, found that plaintiff failed to state claim(s) of employment discrimination – based, e.g., on his religion – against his supervisor (Austin). The decision is instructive as to how and when individual liability for employment discrimination may be imposed under 42…

Read More Employment Discrimination Claims Not Stated Against Individual Supervisor, SDNY Holds

In Garcia v. The Comprehensive Center, LLC et al, 17-CV-8970, 2018 WL 3918180 (S.D.N.Y. Aug.16, 2018), the court, inter alia, granted plaintiff’s motion for default judgment on her race and gender discrimination (constructive discharge) claims. Plaintiff’s allegations are, to say the least, shocking: For the last two years of her employment, Garcia suffered increasingly abusive treatment…

Read More Default Judgment Granted as to Race, Gender Discrimination (Constructive Discharge) Claims

In Picault v. World Business Lenders, 16-cv-3682, 2018 WL 748975 (S.D.N.Y. Feb. 7, 2018) (J. Oetken), the Southern District of New York dismissed plaintiff’s (a Haitian-American man) national origin discrimination lawsuit. The court explained that a discrimination plaintiff “must satisfy his initial burden by showing (1) that he belonged to a protected class; (2) that…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses National Origin Discrimination Case Based on “Haitian Voodoo” Comment

In Lation v. Fetner Properties, Inc., 2017 WL 6550691 (S.D.N.Y., 2017), the court addressed claims by a Manhattan building concierge (plaintiff Lation) arising from harassment by a resident of, and an owner of one unit in, the condominium where plaintiff worked (defendant Thomas Chiu). The court compelled arbitration against Defendants 1212 Fifth Avenue Condominium and Fetner…

Read More Concierge Sufficiently Alleges Intentional Infliction of Emotional Distress, But Not Employment Discrimination, Claims Against Building Resident