March 2021

A recent case, Ellis v. Bank of New York Mellon Corp., 2021 WL 829620 (3d Cir. March 4, 2021), involves an increasingly-common scenario: an employee of a (non-public) employer suffers a negative job action due to their outside-work social-media posting(s). In this case, the plaintiff (who is white) was terminated following her alleged Facebook post…

Read More Title VII Race Discrimination Dismissal Affirmed; Termination For Controversial Social Media Posts Was Not Unlawful Discrimination
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In Domen v. Vimeo, Inc., 2021 WL 922749 (2d Cir. March 11, 2021) (Pooler, Wesley, Carney), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of discrimination claims asserted against video-hosting website Vimeo. The basis for dismissal was Section 230 of the Communications Decency Act, 47 U.S. Code § 230 (“Section 230”).…

Read More Section 230 Shields Vimeo From Liability Arising From Deletion of Church’s Account
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In Ali v. Westchester Medical Center et al, 2021 WL 1022615 (S.D.N.Y. March 17, 2021), the court, inter alia, granted defendants’ motion for summary judgment and dismissed plaintiff’s national origin discrimination claim. From the decision: Summary judgment is granted as to Ali’s claim of discrimination based on national origin. Ali has not established a prima…

Read More Medical Residency National Origin (Egyptian) Discrimination Claim Dismissed
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In Tromblee v. The State of New York et al, 19-cv-0638, 2021 WL 981847 (N.D.N.Y. March 16, 2021), the court, inter alia, held that plaintiff’s hostile work environment sexual harassment claim “far exceed[ed] legal sufficiency.” While defendants did not move to dismiss this claim, the court’s discussion is nevertheless instructive. The court summarized the “black…

Read More Sexual Harassment / Hostile Work Environment Claim Held Legally Sufficient; Allegations Include Sexually Demeaning Language & Touching
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In Biggan v. City of New York et al, No. 13359, 2019-5666, 21758/14, 2021 N.Y. Slip Op. 01501, 2021 WL 966681 (N.Y.A.D. 1 Dept., Mar. 16, 2021), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s employment discrimination claim. From the decision: Plaintiff, a former custodian for the New York City Police Department (N.Y.PD),…

Read More “Dope” T-Shirt Employment Discrimination Dismissal Affirmed
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In Watman v. Physician Affiliate Group of New York, P.C., No. 527615/2019, 2021 WL 840020, 2021 N.Y. Slip Op. 30651(U) (N.Y. Sup Ct, Kings County Mar. 04, 2021), the court held that plaintiff – a 62 year-old neonatologist – sufficiently alleged age discrimination under the New York State and City Human Rights Laws. The court…

Read More Doctor’s Age Discrimination Complaint Sufficiently Alleged Against Physician Affiliate Group of New YorkNeonatologist
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In Comerford v. Village of North Syracuse et al, 2021 WL 950974 (N.D.N.Y. March 12, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claim. As to the “objectively severe or pervasive” prong of the analysis, the court explained: Plaintiff provided evidence of the following treatment and…

Read More Gender-Based Hostile Work Environment Claim Survives Against Village of North Syracuse et al
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From Wilson v. JPMorgan Chase Bank, N.A., James Dimon, et al, 2021 WL 918770, at *5 (S.D.N.Y., 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: [Plaintiff’s] NYSHRL hostile work environment claim fails for…

Read More Race-Based Hostile Work Environment Claims Dismissed Against Chase Bank
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In Chrismy Sagaille v. Christina Carrega et al, 2021 NY Slip Op 01369 (NY App. Div. 1st Dept. March 9, 2021), the Court reversed the lower court’s order denying defendant’s motion to dismiss plaintiff’s claims for libel per se and defamation against defendant defendant, based on statements she made to the NYPD. Ultimately, the court’s decision (discussed…

Read More Defamation Claim Against Alleged Sexual Assault Victim
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