August 2019

In Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court briefly summarized the law: “A hostile work environment…

Read More 2d Circuit Affirms Dismissal of Race-Based Hostile Work Environment Claim

In Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After briefly summarizing the law – namely, that “[t]o prevail on [a…

Read More 2d Circuit Affirms Dismissal of Title VII Race Discrimination Claim; Absent/Tardy Co-Worker Comparators Were Not “Similarly Situated”

In Alvarado v. Mount Pleasant Cottage School District et al, 2019 WL 4039149 (S.D.N.Y. August 27, 2019), the court, inter alia, dismissed plaintiff’s race and national origin-based hostile work environment claim. The court summarized plaintiff’s allegations as follows: Here, Plaintiff has pointed to four incidents, perpetuated by Defendant Sheppard, that support her race/national origin-based hostile-work-environment…

Read More Hostile Work Environment Not Sufficiently Alleged, Notwithstanding Tasteless, Mean, Ignorant, and Biased Comments

In Coku v. The New York Presbyterian Hospital et al, 17-cv-2488, 2019 WL 3779507 (S.D.N.Y. Aug. 12, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. After summarizing the relevant legal standards, and noting that “the standard for establishing a hostile work environment is high”, the court noted that plaintiff did not meet…

Read More Hostile Work Environment Claim Dismissed; Alleged Mistreatment Was Not Due to Protected Characteristic

In Tulino v. City of New York, 15-cv-7106 (JSR), 2019 WL 3810975 (S.D.N.Y. 2019) – an employment discrimination / hostile work environment case – a jury awarded plaintiff damages for emotional distress in the amounts of $1.5 million for her hostile work environment claim, and $500,000 for her retaliation claim. The court, employing the procedural…

Read More Court Remits $2M Hostile Work Environment / Retaliation Verdict to $1.25M

In Pulizotto v. McMahon et al, 2019 WL 3997681 (S.D.N.Y. Aug. 23, 2019), the court, inter alia, dismissed plaintiff’s sexual orientation-based hostile work environment claim. From the decision: Claims 9 and 10 allege [defendant] created a hostile work environment for Pulizotto and discriminatorily transferred him based on his sexual orientation in violation of the NYSHRL.…

Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed; Conduct Amounted to “Isolated Acts”

In Menaker v. Hofstra University, 18-3089-cv, 2019 WL 3819631 (2d Cir. Aug. 15, 2019), the Second Circuit vacated the dismissal of plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized its holding(s) as follows: (1) Where a university (a) takes an adverse employment action against an…

Read More Second Circuit Vacates Dismissal of Hofstra Tennis Coach’s Sex Discrimination Claim

A recent decision, Matter of Floriano-Keetch v New York State Div. of Human Rights, 2019 NY Slip Op 06282 (App. 4th Dept. Aug. 22, 2019), illustrates the procedure following a “no probable cause” determination by the New York State Division of Human Rights (SDHR). The court explained: Where, as here, SDHR renders a determination of…

Read More NYSDHR’s “No Probable Cause” Finding Upheld in Caregiver Discrimination Case

In Bailey v. Sheehan, 2019 WL 3975453 (NDNY August 22, 2019), the court denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claim. From the decision: There remain a number of relevant factual disputes in this case as to what conduct Defendant actually engaged in, including whether Defendant yelled at Plaintiff and…

Read More Hostile Work Environment Sexual Harassment Claim, Including “Dominatrix” Comment, Survives Summary Judgment

In Wikked Entertainment, Inc. v. Burbacki, No. 652352/2018, 2019 WL 3854921, 2019 N.Y. Slip Op. 32440(U) (N.Y. Sup Ct, New York County Aug. 16, 2019), the court, inter alia, held that the facts as alleged, taken as true, fit within a theory of recovery (in the nature of employment discrimination / hostile work environment), but…

Read More Employment Discrimination/Hostile Work Environment Counterclaim Allegations Fit Within Legal Theory, But Responding Party Was Entitled to More Definite Statement