Constructive Discharge

In Rosen v. N.Y.C. Department of Education, et al., 18-cv-06670, 2021 WL 5279396 (S.D.N.Y. Nov. 12, 2021), an age discrimination case, the court granted plaintiff’s motion to compel a deposition of a non-party witness, namely, plaintiff’s alleged (younger) “comparator.” In sum, plaintiff alleges (among other things) that the majority of her teacher duties were assigned…

Read More Age Discrimination Plaintiff’s Motion to Compel Deposition Testimony of Comparator Granted
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In Byer v. Periodontal Health Specialists of Rochester, PLLC et al, 2021 WL 3276725 (2d Cir. August 2, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s order dismissing her claim of constructive discharge. (The court did, however, vacate the dismissal of plaintiff’s hostile work environment…

Read More Citing Praise of Boss and Voluntary Extension of Employment, Court Affirms Dismissal of Constructive Discharge Claim
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In Byer v. Periodontal Health Specialists of Rochester, PLLC et al, 2021 WL 3276725 (2d Cir. August 2, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a district court’s order granting summary judgment to defendant on plaintiff’s racial harassment case asserted under the New York State Human Rights…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In New York State Division of Human Rights v. Hawk, 2021 N.Y. Slip Op. 03687, 2021 WL 2389091 (N.Y. App. Div. 4th Dept. June 11, 2021), the court enforced orders issued by the New York State Division of Human Rights that found respondents Ronald E. Hawk and Big Money Jim, Inc., doing business as Chaffee…

Read More $10,000 Awarded in Sexual Harassment Case Against Chaffee Flatts and Owner
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In Hyacinthe v. City of New York, No. 151812/2020, 2021 WL 619320, 2021 N.Y. Slip Op. 30443(U) (N.Y. Sup Ct, New York County Feb. 17, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claim under the New York City Human Rights Law. The court summarized the facts (specifically pertinent to…

Read More NYPD Officer’s Disability Discrimination Claim Survives Dismissal
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In Kunik v. N.Y.C. Dep’t of Educ., 20-741-cv (2d Cir. Jan. 15, 2021) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s age and religion-based hostile work environment and constructive discharge claims. From the Order: The district court correctly determined that Kunik’s amended complaint failed to state a claim for hostile work environment…

Read More Hostile Work Environment Claims Properly Dismissed; Reliance on Defendants’ “Demeanor” Insufficient
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In Renk v. Renk, No. 153019/2020, 2020 WL 7046642 (N.Y. Sup Ct, New York County Nov. 25, 2020), the court, inter alia, dismissed plaintiff’s age-based hostile work environment claim asserted under the New York State and City Human Rights Laws. From the decision: To establish a hostile work environment under the NYSHRL and NYCHRL, plaintiff…

Read More Lacking Link to Plaintiff’s Age, Plaintiff’s Age-Based Hostile Work Environment Claim Fails
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In Truitt v. Salisbury Bank and Trust Company, 2020 WL 4208452 (S.D.N.Y. July 21, 2020), the court dismissed plaintiff’s discrimination and constructive discharge claims under New York Labor Law § 201-d(2)(a), which prohibits discrimination because of “an individual’s political activities outside of working hours, off of the employer’s premises and without use of the employer’s…

Read More Court Dismisses “Political Activities” Discrimination Claim Under NY Labor Law § 201-d
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In Bernstein v. New York City Department of Education, 2020 WL 6564809 (S.D.N.Y. Nov. 9, 2020), the court, inter alia, dismissed plaintiff’s age-based hostile work environment and (related) constructive discharge claims. From the decision: First, a school system is entitled to ask a teacher when she plans to retire without automatically creating an inference that…

Read More Hostile Work Environment & Constructive Discharge Claims Dismissed Against NYC Dept. of Education
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In Nagaraj v. Sandata Technologies, LLC, 2020 WL 6482194 (EDNY Nov. 4, 2020), the court adopted a Magistrate Judge’s Report & Recommendation finding that plaintiff may proceed on his claim of  a hostile work environment based on race discrimination culminating in a constructive discharge. This decision is instructive on the scope of a federal statute,…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal
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