Employment Discrimination

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In Rasko v. N.Y.C. Admin. for Children’s Servs., 17-967 (2d Cir. May 17, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. The court explained the legal requirements for such a claim: To establish a hostile work environment claim, a plaintiff must show, inter alia, that the workplace was…

Read More 2d Circuit: Hostile Work Environment Properly Dismissed; Rudeness, Noise, Throwing Papers Held Insufficient
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In Li v. Cushman & Wakefield, Inc., 2018 WL 2197603 (N.Y. Sup. Ct. N.Y. Cty. Index. No. 151813/2016, May 8, 2018), an employment discrimination case, the court denied plaintiff’s motion for a “special preference” on the trial calendar, pursuant to CPLR 3403(a)(3). The law: The granting of a special trial preference is an extraordinary remedy…

Read More Employment Discrimination Plaintiff Denied Trial Preference; Hardship Not Shown
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In Romero v. City of New York, 2018 NY Slip Op 28108, 2018 WL 1746395 (N.Y. Sup. Ct. Bronx Cty. Index No. 23064/2017E, April 3, 2018), a race discrimination case asserted under the New York City Human Rights Law, the court held that the transfer of venue from Bronx County to Kings County pursuant to…

Read More Race Discrimination Case Transferred to Brooklyn, Where Only Non-Time-Barred Conduct “Arose” [Romero v. City of New York]
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In Luckie v. Northern Adult Day Health Care Center, 2018 NY Slip Op 03349, 2018 WL 2123993 (App. Div. 2d Dept. May 9, 2018), the Appellate Division, Second Department affirmed the dismissal of plaintiff’s complaint under CPLR 3211(a) pursuant to the NYS Human Rights Law’s “election of remedies” doctrine. This decision illustrates why employment discrimination…

Read More Employment Discrimination Complaint Properly Dismissed Under “Election of Remedies” Doctrine [Luckie v. Northern Adult Day Health Care Center]
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In Lowe v. Mount Sinai Health System, Inc., 16-cv-6074, 2018 WL 2089345 (S.D.N.Y. 2018), the court dismissed plaintiff’s claims of race discrimination (termination), hostile work environment, and retaliation. Plaintiff testified at her deposition that, e.g., her supervisor (Lopiano) made racial comments, such as “why don’t you go back to Haiti” and “you can’t even speak…

Read More Citing “Stray Remarks” Doctrine and Plaintiff’s Mistakes, Court Dismisses Discrimination, Hostile Work Environment, and Retaliation Claims
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In Gordon v. Bayrock Sapir Organization LLC, 2018 NY Slip Op 03425, 2018 WL 2141237 (N.Y.A.D. 1 Dept., 2018), the court held that plaintiff survived summary judgment on her gender- and race-based hostile work environment claims and retaliation claims under the NYS and NYC Human Rights Laws, and on her discrimination claim under the NYC…

Read More Hostile Work Environment, Retaliation, Discrimination Claims Survive Summary Judgment Against Trump Soho
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In Pecile v. Titan Capital Group, LLC, 2018 WL 2100456 (N.Y. Sup. Ct. N.Y. Cty. Index No. 110490/2010, May 3, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiffs’ sexual harassment claims under the NYC Human Rights Law. From the decision: The Court finds that there are issues of fact with…

Read More Sexual Harassment / Hostile Work Environment Claim Survives Dismissal [Pecile v. Titan Capital Group]
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Among the different types of discrimination prohibited by the Americans with Disabilities Act is so-called “associational discrimination.” Specifically, the ADA, inter alia, prohibits an employer from excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have…

Read More Court Explains 2d Circuit Standard for “Associational Discrimination” Under the ADA
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IN Brunson-Bedi v. State of New York (Hudson Valley DDSO), Local 412 of the CSEA, Inc. et al, 15-cv-9790, 2018 WL 2084171 (SDNY May 1, 2018), the court held that a Title VII sexual harassment plaintiff’s failure to exhaust administrative remedies – in that she did not receive a right-to-sue letter from the EEOC before…

Read More Failure to Exhaust Administrative Remedies Cured in Title VII Sexual Harassment Suit
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