Employment Law

In Hodge v. ABACO, LLC, 20-1186-cv (2d Cir. Oct. 9, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s breach of contract claim, based on the language of an offer letter by plaintiff’s employer. Plaintiff began working for defendant on October 1, 2018. Before that,…

Read More Breach of Employment Contract Claim Dismissed; Offer Letter Did Not Contain Guarantee of Employment of Five Years
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In Leslie v. New York University, No. 156583/2018, 2020 WL 5819730, 2020 N.Y. Slip Op. 33203(U) (N.Y. Sup Ct, New York County Sep. 29, 2020), the court, inter alia, dismissed plaintiff’s retaliation claim asserted under the New York State and City Human Rights Laws. The court summarized the law as follows: To make a prima…

Read More Retaliation Claim Dismissed; “Passing Reference” to “Discrimination” Did Not Qualify as “Protected Activity”
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In Crump v. The New York City Housing Authority, No. 163138/2015, 2020 WL 5874852 (N.Y. Sup Ct, New York County Oct. 02, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim that he was subject to retaliation (for complaining of discrimination and harassment based on his sexual orientation) in violation…

Read More Retaliation Claim Against NYC Housing Authority Survives Summary Judgment
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In Crump v. The New York City Housing Authority, No. 163138/2015, 2020 WL 5874852 (N.Y. Sup Ct, New York County Oct. 02, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim that he was subject to discrimination and harassment based on his sexual orientation in violation of the New York…

Read More Sexual Orientation Discrimination / Harassment Claim Against NYC Housing Authority Survives Summary Judgment
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In Antoine v. Brooklyn Maids 26, Inc. et al, 19-cv-5676, 2020 WL 5752186 (E.D.N.Y. Sept. 26, 2020), the court, inter alia, awarded a sexual harassment plaintiff $375,000 in punitive damages (on default). This case involves shocking allegations of sexual harassment (which included, in the court’s description, conduct that was “tantamout to rape”). The reader is…

Read More $375,000 Punitive Damages Award to Sexual Harassment Plaintiff
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In Fuller v. UBER Technologies Inc., No. 150289/2020, 2020 WL 5801063 (N.Y. Sup Ct, New York County Sep. 25, 2020), the court held that plaintiff’s claims of sexual harassment were subject to arbitration. From the decision: Plaintiff’s primary argument for avoiding arbitration is that his dispute resolution agreement with Apex has a carve out for…

Read More Sexual Harassment Claims Against Uber Technologies et al Subject to Arbitration, Court Holds
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In Antoine v. Brooklyn Maids 26, Inc. et al, 19-cv-5676, 2020 WL 5752186 (E.D.N.Y. Sept. 26, 2020), the court, inter alia, awarded a sexual harassment plaintiff $200,000 in emotional distress damages (on default). This case involves shocking allegations of harassment, including on one occasion conduct that the court described as “tantamount to rape.” As to…

Read More $200,000 Emotional Distress Award in Sexual Harassment Case Against Brooklyn Maids 26, Inc. and Individual Defendant
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In Ramirez v. Michael Cetta Inc. d/b/a Sparks Steak House LLC, 2020 WL 5819551 (SDNY Sept. 30, 2020), the court, inter alia, dismissed plaintiff’s sex/gender-based hostile work environment (sexual harassment) claims. Plaintiff alleged, among other things, that the discriminatory conduct included “(1) her coworkers calling her a bitch on a single occasion; (2) her coworker…

Read More Hostile Work Environment Sexual Harassment Claims Dismissed Against Sparks Steakhouse
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In Antoine v. Brooklyn Maids 26, Inc. et al, 19-cv-5676, 2020 WL 5752186 (E.D.N.Y. Sept. 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment against defendants, and therefore granted plaintiff’s motion for a default judgment. From the decision: Plaintiff’s hostile work environment claim hinges primarily on two incidents.…

Read More Sexual Harassment/Hostile Work Environment Claim Sufficiently Alleged Against Brooklyn Maids 26, Inc. and Individual Defendant
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In a recent case, Rubert v. Daniel King, et al, 2020 WL 5751513 (SDNY Sept. 25, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s disparate treatment (termination) discrimination claim under 42 U.S.C. § 1981. (I wrote about the court’s denial of defendants’ motion with respect to plaintiff’s hostile work environment claim here.)…

Read More Race Discrimination (Termination) Claim Dismissed Against Walmart et al
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