May 2021

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From Bernardi v. New York State Department of Corrections and Supervision et al, No. 19-cv-11867, 2021 WL 1999159 (S.D.N.Y. May 19, 2021): Here, Plaintiff alleges that his colleagues, including Rushia, told him to “go back to his own country,” made many references to Plaintiff’s immigrant status, claimed that his “guinea food stinks,” and used Italian…

Read More “Go Back to Your Country”: Hostile Work Environment Claim Survives Dismissal
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In Brightman v. Physician Affiliate Group of New York, P.C. et al, 2021 WL 1999466 (S.D.N.Y. May 19, 2021) the court, inter alia, denied (in part) defendants’ motion to dismiss plaintiff’s sex discrimination claims. From the decision: At the motion to dismiss stage, Brightman plausibly alleges Title VII and NYSHRL sex discrimination claims arising from…

Read More Pay Discrimination Claims Survive, in Part, Against Physician Affiliate Group of New York
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In Piscitelli v. Deloitte Touche Tohmatsu Services, Inc., No. 159272/20, 2021 WL 1883632 (N.Y. Sup Ct, New York County May 07, 2021), the court denied defendants’ pre-answer to dismiss plaintiff’s pregnancy discrimination claim asserted under the New York State and City Human Rights Laws. The court summarized plaintiff’s allegations as follows: In July 2018, plaintiff…

Read More Pregnancy Discrimination Claim Against Deloitte Touche Tohmatsu Services Survives Dismissal
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In Tassy v. Peter Buttigieg, U.S. Secretary of Transportation, 2021 WL 1964549 (E.D.N.Y. May 17, 2021), the court, inter alia, dismissed plaintiff’s claims that he suffered a hostile work environment because of his race, color, and national origin. After concluding that plaintiff did not allege conduct that was sufficiently “severe or pervasive”, it continued: Here,…

Read More FAA Employee’s Hostile Work Environment Claim Dismissed
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In Edstrom v. St. Nicks Alliance Corp., 2021 NY Slip Op 03112 (App. Div. 1st Dept. May 13, 2021), the court affirmed the dismissal of plaintiff’s claims of housing discrimination under the Fair Housing Act (42 USC §§ 3604 and 3617) and New York State Human Rights Law, but held that there were sufficient facts…

Read More Housing Discrimination Dismissal Affirmed; Habitability Claim Survives
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In response to the sexual harassment allegations levied against him – including that he engaged in “creepy behavior” toward female reporters – Governor Andrew Cuomo is reported to have (dismissively) stated that “[h]arassment is not making someone feel uncomfortable” and that he “never said anything [he] believed was inappropriate.” In 2019, the New York State…

Read More Governor Cuomo’s Response to Sexual Harassment Allegations at Odds With Law He Signed
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In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. Initially, the court discussed the viability of such claims under that statue: Because the ADA echoes and expressly refers to Title VII, and because…

Read More Hostile Work Environment Claim, Asserted Under the Americans with Disabilities Act, Dismissed
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In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13,  2021), the court, inter alia, held that plaintiff plausibly alleged claims that defendants failed to accommodate her disability, and terminated her because of her disability, in violation of the Americans with Disabilities Act. The court summarized plaintiff’s claims, in part, as follows:…

Read More Disability Discrimination Claims Survive Dismissal; Court Notes Denial of Plaintiff Request for Separation From Alleged Harasser
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In Green v. NYU Langone Medical Center, 2021 WL 1910549 (SDNY May 12, 2021), the court dismissed plaintiff’s federal claims of race discrimination and retaliation (asserted under Title VII of the Civil rights Act of 1964 and 42 U.S.C. 1981), and declined to exercise supplemental jurisdiction over plaintiff’s state and local law claims. The court…

Read More Race Discrimination Claims Dismissed Against NYU Langone Medical Center as Time-Barred
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In Quinones v. City of Binghamton et al, Docket No. 20-3078, 2021 WL 1898117 (2d Cir. May 12, 2021), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s dismissal of plaintiff’s complaint, which was based on its holding that he failed to articulate any discrimination claim. It held that…

Read More Race (Hispanic) Discrimination Section 1981 Claim Alleged by Complaint; Dismissal Vacated
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