March 2018

In Adams v. Delta Airlines, Inc., 16-cv-1986, 2018 WL 1532434 (E.D.N.Y. March 29,  2018), the court (inter alia) concluded that plaintiff’s amended complaint sufficiently alleged a “materially adverse employment action” and that plaintiff stated a retaliation claim under the Americans with Disabilities Act (ADA). From the Opinion: Here, the amended complaint alleges that, on June…

Read More ADA Retaliation Claim Survives Dismissal Against Delta Airlines
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In Richardson v. Manhattan New York City Transit Authority, 2018 WL 1547593 (2d Cir. March 29, 2018) (Summary Order), the Second Circuit vacated the lower court’s decision dismissing the pro se plaintiff’s Title VII gender discrimination claim, on the ground that plaintiff did not allege facts showing that the alleged harassment was “motivated by” her…

Read More Gender Discrimination Claim Stated; Allegations Included Male Coworker Calling Plaintiff a “Bitch”
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From Hammond v. New York-Presbyterian Hosp./Columbia University Medical Center, 2018 WL 1448072 (N.Y.Sup.), 2018 N.Y. Slip Op. 30472(U) (NY Sup. Ct. March 20, 2018): The allegations in plaintiff’s complaint do not make out a claim for hostile work environment based on her religion under either the state or local human rights laws. Plaintiff includes only three…

Read More Religious Discrimination (Hostile Work Environment) Claim Not Stated; “Bible Ridicule” (Among Other) Allegations Insufficient
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Below is the complaint, captioned Davis v. Rue La La, NY Sup. Ct. NY Cty. 152558/2018 (filed March 22, 2018), in which plaintiff asserts (inter alia) that defendant “treated [plaintiff] less well because it perceived her as disabled, which culminated in [plaintiff]’s termination” and that “[t]he circumstances surrounding [defendant]’s conduct towards [plaintiff], including HR’s discriminatory…

Read More Perceived-As Disability (Alcoholism) Discrimination Lawsuit Against Rue La La
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In Best v. Duane Reade, Inc. (2d Cir. 17-380 March 22, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s failure-to-accommodate, discrimination, and retaliation claims under the federal Americans with Disabilities Act. Here is the legal standard:[1]As usual, citations are omitted. ADA claims are analyzed under the burden-shifting framework established for discrimination claims:…

Read More Disability Discrimination Claims Properly Dismissed Against Duane Reade
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In Amaya v. Ballyshear LLC et al, 17-cv-1596, 2018 WL 1319003 (EDNY March 14, 2018), the court held, inter alia, that plaintiff (an Ecuadorian woman amd member of the Hispanic race) sufficiently alleged a race-based hostile work environment claim based on anti-Hispanic epithets. The court explained: [T]o survive a motion to dismiss, “a plaintiff need…

Read More Hostile Work Environment Claim Stated Under 42 U.S.C. § 1981 Based on Racial Epithets
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In Annelise Osborne, Plaintiff, v. Moody’s Investors Service, Inc. and Nick Levidy in his official and individual capacities, Defendants, 17-cv-01859, 2018 WL 1441392 (S.D.N.Y. March 22, 2018), the court dismissed plaintiff’s hostile work environment claims under federal and state law, but permitted those claims to proceed under the New York City Human Rights Law. The…

Read More Hostile Work Environment Claim Against Moody’s Survives Under City Law, But Not Federal and State Law
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In Shaw v. McDonald, 17-1122, 2018 WL 1357382 (2d Cir. March 16, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of the plaintiff’s religious discrimination (disparate treatment) claim. The court gives us a refresher on the legal standard for pleading a discrimination under Title VII of the Civil Rights Act of 1964, including…

Read More Religious Discrimination Claim Dismissed; Remarks Held Not Probative
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In Cook v. Emblem Health Services Co., LLC,2018 NY Slip Op 30460(U), 2018 WL 1399351 (N.Y.Sup. Ct. March 16, 2018), the court, inter alia, dismissed plaintiff’s race discrimination claim. In reaching this conclusion, it addressed the use of so-called “racially coded” language – i.e., language that is facially benign but that may actually have a…

Read More Race Discrimination Claim Dismissed Against Emblem Health, Notwithstanding Alleged Use of “Racially Coded” Language
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In Khaleel v. Heightened Security SVC Inc., 15-cv-1387, 2018 WL 1353266 (SDNY March 15, 2018), the court granted summary for defendant on plaintiff’s various claims, including for hostile work environment/sexual harassment, religious discrimination (failure to accommodate), and retaliation. In this blog post, I’ll discuss the court’s evaluation of plaintiff’s religious discrimination/failure to accommodate claim. The law,…

Read More Court Explains Dismissal of Religious Discrimination / Failure to Accommodate Claim
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