Judge: Nicholas Garaufis

In Torres v. New York City Dept. of Education, 18-cv-2156, 2019 WL 2124891 (E.D.N.Y. May 15, 2019), the court, inter alia, dismissed plaintiff’s retaliation claim under the New York City Human Rights Law. The court explained that that statute “does not require an adverse employment action and a plaintiff must only provide evidence she was…

Read More Plaintiff Fails to Plead That He Was Treated “Less Well” Because of His Disability; City Law Retaliation Claim Dismissed

In Torres v. New York City Dept. of Education, 18-cv-2156, 2019 WL 2124891 (E.D.N.Y. May 15, 2019), the court, inter alia, dismissed plaintiff’s discrimination and retaliation claims – by granting defendant’s motion for a judgment on the pleadings pursuant to FRCP 12(c) – under the Americans with Disabilities Act (ADA), on the ground that plaintiff…

Read More ADA Claim Dismissed; No “Adverse Employment Action”

In Stern v. State University of New York et al, 2018 WL 4863588 (EDNY Sept. 30, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claim. The court summarized the well-established law in this area: To establish a hostile work environment under Title VII …, a plaintiff must show that ‘the workplace is permeated…

Read More Hostile Work Environment Claim Not Sufficiently Alleged Against SUNY

In Parsons v. JPMorgan Chase Bank, N.A., 16-CV-0408, 2018 WL 4861379 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s age discrimination claims. This case teaches us that replacement by a younger worker does not necessarily (but, in an appropriate case, may) substantiate a claim for discrimination based…

Read More Age Discrimination Claims Dismissed, Despite Younger Replacement

In Parsons v. JPMorgan Chase Bank, N.A., 16-CV-0408, 2018 WL 4861379 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims. Plaintiff alleged, for example, that she witnessed one person make disparaging comments about African-American employees’ hair and dress, and “listened to her direct…

Read More Race-Based Hostile Work Environment Claims Dismissed; Conduct Was Merely “Mildly Offensive”

In a recent decision, Wolfinger v. Consolidated Edison Company of New York, Inc., 17-cv-1710, 2018 WL 3637964 (E.D.N.Y. July 31, 2018), the court, inter alia, explained and clarified what, exactly, a plaintiff must allege to sufficiently plead a failure-to-accommodate claim under the Americans with Disabilities Act. The court explained: A plaintiff bringing a failure-to-accommodate claim…

Read More Court Clarifies “Failure to Accommodate Disability” Employment Discrimination Claim: Wolfinger v. ConEd

In Esar v. JP Morgan Chase Bank N.A., 15-cv-382, 2018 WL 2075421 (E.D.N.Y. May 3, 2018), the court (inter alia) dismissed plaintiff’s hostile work environment claims. Plaintiff asserted that she was subjected to an “atmosphere of adverse action”, namely (i) lobby cleaning assignments, (ii) covering for one week at another branch, (iii) unpacking branch supplies,…

Read More Hostile Work Environment Claims Dismissed Against JP Morgan Chase Bank

In Rao v. Rodriguez, No. 14-cv-1936, 2017 WL 1403214 (E.D.N.Y. Apr. 18, 2017), a race/national origin/age discrimination case, the court – having previously denied defendants’ motions for summary judgment – ruled on several motions in limine as to the evidence to be presented at trial. In one such motion, defendants sought to preclude “any evidence regarding a statement…

Read More Court Allows Evidence of Post-Termination “Brown Monkey” Remark in Race/National Origin Discrimination Case

In Rao v. Rodriguez, No. 14-cv-1936, 2017 WL 1214437 (E.D.N.Y. Mar. 31, 2017), the court denied defendants’ motions for summary judgment on plaintiff’s age discrimination claims – including under the Age Discrimination in Employment Act and its “heightened burden of but-for causation.” Plaintiff alleged, among other things, that the defendant-hospital’s CEO said to plaintiff “You’re…

Read More Age Discrimination Claims Survive Summary Judgment; Age-Related Comments Were Not “Stray Remarks”

In Rao v. Rodriguez, No. 14-cv-1936, 2017 WL 1214437 (E.D.N.Y. Mar. 31, 2017), the court denied defendants’ motion for summary judgment on the race, national origin, and age discrimination[1]In this post I’ll discuss the court’s evaluation of plaintiff’s race/national origin discrimination claims. allegations asserted by plaintiff (a brown-skinned man of Indian national origin who held…

Read More Race/National Origin Discrimination Claims Survive Summary Judgment Against Wyckoff Heights Medical Center et al