Employment Discrimination

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In Johnson v. Schmid et al, 17-3196 (2d Cir. Sept. 7, 2018) (Summary Order), an employment (race) discrimination case asserted under Title VII of the Civil Rights Act of 1964, the Second Circuit affirmed the district court’s award of summary judgment to defendants. Plaintiff, a black social worker trainee, proffered three grounds for why his…

Read More Title VII Race Discrimination Dismissal Affirmed; Comparators Were Not “Similarly Situated;” Racial Slur Introduced Too Late
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In a recently-filed motion, defendants Charlie Rose Inc. and Charles P. Rose move to dismiss claims against them in a lawsuit – captioned Harris et al v. CBS News Communications Inc. et al, N.Y. Sup. Ct. N.Y. Cty. INdex 154172/2018 – alleging gender discrimination, sexual harassment, and retaliation under the NYC Human Rights Law. (CBS…

Read More Charlie Rose, CBS Move to Dismiss Sexual Harassment Suit
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From Johnson v. Schmid et al, 2018 WL 4261672 (2d Cir. Sept. 7, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim. From the Order: First, a plaintiff may establish an inference of discrimination by establishing “that a similarly situated employee not in the relevant protected group received better…

Read More Race Discrimination Claim Properly Dismissed; Court Cites Insufficient Comparator Evidence
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In a September 6, 2018 decision issued in the litigation captioned Deidre Holmes Clark v. Allen & Overy LLP, the New York Court of Appeals inter alia denied the plaintiff’s motion seeking leave to appeal a March 8, 2018 Appellate Division, First Department decision affirming a Supreme Court order dismissing plaintiff’s complaint and awarding sanctions for frivolous conduct. In this…

Read More Court of Appeals Declines to Hear Appeal of Dismissal of Sexual Harassment Lawsuit in Clark v. Allen & Overy Lawsuit
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From Morse v. Fidessa Corp., 2018 NY Slip Op 05975 (N.Y. App. Div. 1st Dept. Sept. 6, 2018): At issue in this matter of first impression is whether the New York City Human Rights Law’s (HLR) prohibition against discrimination based on “marital status” encompasses a prohibition against discrimination on the basis of the identity of a person’s…

Read More Court Broadly Construes NYC Human Rights Law re Discrimination Based on “Marital Status”
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In Garcia v. Yonkers Board of Education, 2018 WL 4007648 (S.D.N.Y. Aug. 21, 2018), the court, inter alia, dismissed plaintiff’s retaliation complaint. Plaintiff alleged that she was terminated in retaliation for her complaints of sexual harassment. Applying the McDonnell-Douglas burden-shifting framework, the court held that plaintiff could not establish a prima facie case, and even if she…

Read More Retaliation Claim Based on Sexual Harassment Complaints Dismissed; Court Cites Intervening Causes, Severing the Chain of Causation
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In Emmanuel v. Cushman & Wakefield, Inc., No. 159316/15, 2018 WL 4148520 (Sup Ct, New York County Aug. 30, 2018) (J. Bannon), the court, inter alia, granted defendants summary judgment on plaintiff’s NYC Human Rights Law hostile work environment claim. From the decision: The court rejects the plaintiff’s contention that she raised a triable issue…

Read More Gender/Pregnancy Hostile Work Environment Claim Dismissed; Attendance Monitoring Insufficient
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In a recently-filed lawsuit, captioned Johnna Ayres v. Bloomberg L.P. Michael Bloomberg, and Lawrence Diamond, N.Y. Sup. Ct., Kings Cty., Index No. 517214/2018, filed Aug. 23, 2018, the plaintiff alleges various claims – including sex discrimination (disparate treatment and disparate impact), age discrimination (disparate treatment and disparate impact), hostile work environment, and retaliation against Bloomberg…

Read More Discrimination Lawsuit Against Bloomberg et al
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The “Genetic Information Nondiscrimination Act of 2008 (GINA) is a federal law, codified at 42 U.S.C. §§ 2000ff et seq., that (in a nutshell) “discrimination on the basis of genetic information with respect to health insurance and employment.” In enacting GINA, Congress set forth the following findings: Deciphering the sequence of the human genome and…

Read More The Genetic Information Nondiscrimination Act of 2008 (GINA)
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Employment discrimination claims are frequently analyzed pursuant to the well-known McDonnell Douglas[1]McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). burden shifting framework. Under that framework, the plaintiff must first establish a prima facie case of discrimination by showing, by a preponderance of the evidence, that: (1) he is a member of a protected class; (2) he is…

Read More Office Relocation as an “Adverse Employment Action”
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