2019

In Wiggins v. The Garden City Golf Club, 2019 WL 6716750 (EDNY Dec. 10, 2019), the court, inter alia, held that plaintiff did not make out a race-based hostile work environment claim. Plaintiff (who is black), who worked for defendant as a caddy, claimed that he was subject to discrimination when a white employee placed…

Read More Race Discrimination Claim Dismissed; “Crude” etc. Conduct Was Not Discriminatory

In Stephens v. Isabella Geriatric Ctr., Inc., 2019 NY Slip Op 08795 (App. Div. 1st Dept. Dec. 10, 2019), the court unanimously affirmed the dismissal, by summary judgment, of plaintiff’s retaliation claims under the New York State and City Human Rights Laws. In this case, plaintiff alleged that he was terminated from his employment at…

Read More First Department Affirms Dismissal of Retaliation Claim Against Isabella Geriatric Center

In Lenzi v. Systemax, Inc., No. 18-979, 2019 WL 6646630 (2d Cir. Dec. 6, 2019), the court, inter alia, reinstated plaintiff’s claims – dismissed below by summary judgment – of pay discrimination, pregnancy discrimination, and retaliation claims under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that defendants paid her…

Read More 2d Circuit Revives Title VII Pay Discrimination Claim

In Francis v. Kings Park Manor, Inc., No. 15-1823-cv, 2019 WL 6646495 (2d Cir. Dec. 6, 2019), the U.S. Court of Appeals for the 2nd Circuit resurrected plaintiff’s claims of race discrimination (under, inter alia, the Fair Housing Act), arising from plaintiff’s being subjected, by his next-door neighbor, to “a brazen and relentless campaign of…

Read More Fair Housing Act Covers Tenant-on-Tenant Racial Harassment, 2d Circuit Holds

In Jean-Pierre v. Citizen Watch Company of America, Inc., 18-CV-0507, 2019 WL 5887479 (S.D.N.Y., 2019), the court – invoking the principle that Title VII of the Civil Rights Act of 1964 is not a “general civility code for the American workplace” – dismissed plaintiff’s discrimination claims. It summarized the law in this regard: In determining…

Read More Discrimination Claims Dismissed; While “Inappropriate”, Comments Were Non-Actionable

In Katz v. The New York Historical Society, 19-CV-8637, 2019 WL 6529325 (S.D.N.Y. Dec. 3, 2019), the court dismissed plaintiff’s age discrimination complaint, which it construed as asserting claims under the Age Discrimination in Employment Act of 1967 (ADEA). As to the substantive law, the court explained: The ADEA makes it unlawful for an employer…

Read More Age Discrimination: A Dismissal and Some Judicial Guidance for the Amended Complaint

In Pustilnik v. Battery Park City Authority et al, 18-CV-9446, 2019 WL 6498711 (S.D.N.Y. Dec. 3, 2019), the court, inter alia, granted defendant’s motion to dismiss – under Federal Rule of Civil Procedure 12(b)(6) – plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). From the decision: [Plaintiff]’s Complaint is devoid of facts…

Read More Disability Discrimination Claim Dismissed; Mere Knowledge of Disability Insufficient

In Poole v. EB Care at Garden City d/b/a The Bristal at Garden City et al, 19-CV-6222, 2019 WL 6352466 (E.D.N.Y. Nov. 27, 2019), the court dismissed plaintiff’s race discrimination and sexual harassment claims, asserted under Title VII of the Civil Rights Act of 1964, due to his failure to exhaust his administrative remedies. Plaintiff…

Read More Title VII Race Discrimination, Sexual Harassment Claims Dismissed Due to Failure to Exhaust Administrative Remedies