August 2020

In Whitfield v. City of New York Admin. For Children’s Services, No. 101407/2019, 2020 WL 5040369 (N.Y. Sup Ct, New York County Aug. 26, 2020), the court rejected the petitioner’s claim of impermissible discrimination based on his criminal record (specifically, a conviction for second degree murder). The Court framed the issue – which came before…

Read More Conviction Record Discrimination Claim Against ACS Rejected; CPLR Article 78 Petition Dismissed
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State and…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part Two (Title VII etc)
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act (EPA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part One (Equal Pay Act)
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In Goldblatt v. New York Institute of Technology, 2020 WL 5027150 (E.D.N.Y. August 25, 2020), the court, inter alia, held that plaintiff sufficiently alleged a claim for age discrimination under the Age Discrimination in Employment Act (ADEA) and its state counterpart (the New York State Human Rights Law). After summarizing the applicable law, the court…

Read More ADEA Age Discrimination Claim Survives Dismissal; “Smoking Gun” Evidence Not Required
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In Olsson v. ABM Taxi Dispatch LaGuardia Airport, 2020 WL 5038742 (S.D.N.Y. Aug. 26, 2020), the court, inter alia, denied what it construed as plaintiff’s motion to amend his complaint to add a hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.…

Read More Hostile Work Environment Claim Insufficiently Alleged; Motion to Amend Denied
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In Farooq v. New York City Health & Hospitals Corporation et al, 19-cv-6294, 2020 WL 5018387 (S.D.N.Y. August 25, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race/national origin/religion-based hostile work environment claim. The court summarized the applicable law as follows: To prevail on a hostile work environment claim, a plaintiff must…

Read More Hostile Work Environment Claim by Pakistani Pharmacist Plaintiff Dismissed Against NYC Health & Hospitals Corp.
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In Angulo v. 36th Street Hospitality LLC, 2020 WL 4936961 (S.D.N.Y. August 24, 2020), a sexual harassment/hostile work environment case, the court adopted the Magistrate Judge’s Report & Recommendation (R&R) of damages to be awarded following the defendant’s default. Plaintiff’s allegations, as summarized by the court, are as follows: Plaintiff previously worked as a waitress…

Read More Sexual Harassment Plaintiff’s Damage Award Adopted by Court
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In Cocca-Rau v. Standard Insurance Company, 2020 WL 4207442 (S.D.N.Y. July 22, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s complaint alleging religious discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that she suffered an adverse employment action (termination) because of her membership in a…

Read More Catholic Plaintiff’s Title VII “Reverse Religious Discrimination” Complaint Dismissed
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In Wallace v. City of New York, 19-cv-4545, 2020 WL 4336391 (EDNY July 28, 2020), the court, inter alia, denied plaintiff’s motion to reconsider its earlier decision dismissing plaintiff’s claim of race discrimination for failure to state a claim. This decision is instructive both as to what a plaintiff must allege to meet their pleading…

Read More Court Denies Motion for Reconsideration in Race Discrimination Case
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In Emamian v. Rockefeller University, 2020 WL 4811383 (2d Cir. Aug. 19, 2020) (Summary Order) – a race/national origin employment discrimination case – the court (inter alia) affirmed the district court’s remittitur of the jury’s $2 million award of damages for emotional distress to $200,000. From the decision: Emamian argues that the district court erred…

Read More Second Circuit Upholds Remittitur of Jury’s Award of $2 Million to $200,000 for Emotional Distress Damages in Employment Discrimination Case
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