Pleading

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In Gruber v. Glam, Inc., No. 654719/2018, 2020 WL 5590259, 2020 N.Y. Slip Op. 33088(U) (N.Y. Sup Ct, New York County Sep. 18, 2020), the court, inter alia, held that plaintiff stated claims of discrimination based on religion (Judaism) and pregnancy under the New York State and City Human Rights Laws. After summarizing the “black…

Read More Religious, Pregnancy Discrimination Claims Stated Against Glam, Inc.
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In Lapko v. Grand Market Intern. Corp., No. 514403/2019, 2020 WL 4818702, 2020 N.Y. Slip Op. 32711(U) (N.Y. Sup Ct, Kings County Aug. 12, 2020), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of national origin “discrimination by association” claim asserted under the New York City Human Rights Law. From the decision:…

Read More National Origin Discrimination Claim, Based on Association With Russian Persons, Sufficiently Alleged Under NYC Human Rights Law
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In Harrisman v. The City of New York Department of Transportation et al, 2020 WL 5211043 (S.D.N.Y. Sept. 1, 2020), the court, inter alia, dismissed plaintiff’s religion-based hostile work environment claim. Initially, the court summarized the “black-letter” law governing this claim: To prove a prima facie case of a hostile work environment, a plaintiff must…

Read More Hostile Work Environment Claim Dismissed; Allegation That Female Co-Workers “Talked Too Much” Amounted to “Episodic”, “Inoffensive Utterances”
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State and…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part Two (Title VII etc)
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act (EPA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part One (Equal Pay Act)
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In Goldblatt v. New York Institute of Technology, 2020 WL 5027150 (E.D.N.Y. August 25, 2020), the court, inter alia, held that plaintiff sufficiently alleged a claim for age discrimination under the Age Discrimination in Employment Act (ADEA) and its state counterpart (the New York State Human Rights Law). After summarizing the applicable law, the court…

Read More ADEA Age Discrimination Claim Survives Dismissal; “Smoking Gun” Evidence Not Required
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In Olsson v. ABM Taxi Dispatch LaGuardia Airport, 2020 WL 5038742 (S.D.N.Y. Aug. 26, 2020), the court, inter alia, denied what it construed as plaintiff’s motion to amend his complaint to add a hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.…

Read More Hostile Work Environment Claim Insufficiently Alleged; Motion to Amend Denied
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In Cocca-Rau v. Standard Insurance Company, 2020 WL 4207442 (S.D.N.Y. July 22, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s complaint alleging religious discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that she suffered an adverse employment action (termination) because of her membership in a…

Read More Catholic Plaintiff’s Title VII “Reverse Religious Discrimination” Complaint Dismissed
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In Wallace v. City of New York, 19-cv-4545, 2020 WL 4336391 (EDNY July 28, 2020), the court, inter alia, denied plaintiff’s motion to reconsider its earlier decision dismissing plaintiff’s claim of race discrimination for failure to state a claim. This decision is instructive both as to what a plaintiff must allege to meet their pleading…

Read More Court Denies Motion for Reconsideration in Race Discrimination Case
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In a recent case, Scalercio-Isenberg v. Morgan Stanley Services Group Inc., 2020 WL 4547317 (S.D.N.Y. Aug. 6, 2020), the court, inter alia, dismissed plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act. The court summarized the law, in pertinent part, as follows: ADA disability discrimination claims are also subject to the McDonnell Douglas…

Read More Court Dismisses Failure-to-Hire ADA Disability Discrimination Claim, Citing Defendant’s Lack of Knowledge of Disability
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