May 2021

Today is Memorial Day. Originally called Decoration Day, this holiday originated in the years following the Civil War, became a federal holiday in 1971 (see 5 U.S.C § 6103(a) (deeming “Memorial Day” the last Monday in May)), and is intended to honor the men and women who have died during the performance of their military…

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The U.S. Equal Employment Opportunity Commission – which enforces various anti-discrimination laws, including Title VII of the Civil Rights Act of 1964 – recently issued a Resolution Condemning Violence, Harassment, and Bias Against Jewish Persons in the United States (signed May 26, 2021). It provides, in full: WHEREAS the [EEOC], established by the landmark Civil…

Read More EEOC Issues Resolution Condemning Violence, Harassment, and bias Against Jewish Persons in the United States
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In Riggi v. Charlie Rose Inc., No. 159167/2019, 2021 WL 2141358 (N.Y. Sup Ct, New York County May 21, 2021), the court dismissed plaintiff’s claims asserted under New York Labor Law § 198 claims. Specifically, NYLL § 198-c requires “any employer who is a party to an agreement to pay … benefits or wage supplements…

Read More NY Labor Law Wage Claims Dismissed Against Charlie Rose, Inc. Under Law’s “Professional” Exception
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In Kraiem v. Jonestrading Institutional Services LLC, No. 19-5160, 2021 WL 2134818 (S.D.N.Y. May 26, 2021), the court, inter alia, granted plaintiff’s motion for leave to amend her First Amended Complaint to include an “aiding and abetting” theory of liability against one individual defendant (Mazzullo). From the decision: Plaintiff sufficiently alleges that Mazzullo aided and…

Read More Aiding-and-Abetting Claim Against Individual Defendant Sufficiently Alleged in Hostile Work Environment Sexual Harassment Case
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In Bilitch v. NYC Health & Hospitals Corp. et al, No. 17238/11, 2018-14913, 2021 N.Y. Slip Op. 03300, 2021 WL 2125826 (N.Y.A.D. 2 Dept. May 26, 2021), the court, inter alia, held that the employer was not entitled to summary judgment on plaintiff’s sexual harassment hostile work environment claims asserted under the New York State…

Read More Sexual Harassment Hostile Work Environment Claims Survive Summary Judgment Against NYC Health & Hospitals Corp.
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In Watkins v. NYC Transit Authority, 2021 WL 2099229 (2d Cir. May 25, 2021) (Summary Order), the Court affirmed the lower court’s order denying plaintiff’s motion for a new trial following a defense jury verdict. The court summarized the facts of the case as follows: On September 28, 2015, Watkins, a Caribbean-American Black woman, began…

Read More 2d Circuit Affirms Dismissal of Race-Based Co-Worker Hostile Work Environment Case Against NYC Transit Authority
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In Wimberly v. automotiveMastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the Americans with Disabilities Act, 42 U.S.C. §§ 12203 & 12112 (ADA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et…

Read More Title VII, ADA, GINA Claims Survive Dismissal on Administrative Exhaustion Grounds
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In Wimberly v. automotive Mastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, dismissed, under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claim asserting a racially hostile work environment under 42 U.S.C. § 1981. The law, as summarized by the court: In order to establish a hostile work environment…

Read More Section 1981 Hostile Work Environment Race Discrimination Claim Dismissed; Disproportionate Scrutiny, “Ghetto” Comments, Etc. Insufficient
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In Farid v. City of New York et al, No. 19-3463, 2021 WL 2012425 (EDNY May 20, 2021), the court, inter alia, dismissed plaintiff’s claim of retaliation under the Age Discrimination in Employment Act (ADEA). Specifically, the absence of any “adverse action” following plaintiff’s complaint of age discrimination doomed his claim: Plaintiff alleges that he…

Read More Absent Adverse Action, Retaliation Claim (Based on Age Discrimination Complaint) Dismissed
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In Abdelal v. Police Commissioner Raymond W. Kelly, City of New York, No. 20-1436, 2021 WL 2025173 (2d Cir. May 21, 2021) (Summary Order) (Walker, Leval, Chin), the court vacated the lower court’s order granting defendants’ motion for summary judgment on plaintiff’s claims of discrimination based on his Egyptian national origin, Middle Eastern ancestry, and…

Read More Egyptian / Middle Eastern / Muslim Plaintiff’s Discrimination Claim Survives Summary Judgment
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