In Smith v. The City of New York, 16-cv-9244, 2018 WL 3392872 (S.D.N.Y. July 12, 2018), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the New York State Human Rights Law and the NYC Human…
Read More Hostile Work Environment Claim Survives DismissalIn Durden v. Metropolitan Transit Authority, 17-cv-5558, 2018 WL 3360757 (S.D.N.Y. July 10, 2018), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation that it grant defendant’s motion to dismiss plaintiff’s claim for gender discrimination under Title VII of the Civil Rights Act of 1964. The facts, in sum: plaintiff was accused by a…
Read More Gender Discrimination Claim Dismissed; Sexual Harassment Allegation Not Motivated by Discriminatory AnimusIn Melendez v. Cablevision Systems Corp., 17-cv-9161, 2018 WL 2727890 (S.D.N.Y. June 6, 2018), the court dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). While the court deemed plaintiff’s complaint insufficient, it gives an indication as to what allegations might suffice. From the decision: [T]he complaint does not allege, even in…
Read More Disability Discrimination Claim Dismissed Against CablevisionIn Krause v. Kelehan, 17-CV-1045, 2018 WL 2021484 (N.D.N.Y. April 26, 2018), the court – applying the “continuing violation doctrine” – held that plaintiff sufficiently alleged a timely hostile work environment claim against the defendants.[1]The court also held, inter alia, that plaintiff’s discrimination claims survive dismissal. From the decision: Like Plaintiff’s discrimination claim, her hostile…
Read More Hostile Work Environment Claim Survives Dismissal; Court Applies the “Continuing Violations Doctrine”In Isbell et al v. City of New York, 2018 WL 2389075 (S.D.N.Y., May 25, 2018), the court (inter alia) denied defendants’ motion to dismiss plaintiffs’ claims under the NYC Human Rights Law (but granted their motion to dismiss plaintiffs’ discrimination claims under federal and state law). In so doing, the court highlights the relative…
Read More Discrimination Claims Survive Under the NYC Human Rights LawIn Famighette v. Joseph Rose and Town of Huntington, 17-cv-2553, 2018 WL 2048371 (E.D.N.Y. May 2, 2018), the court, inter alia,[1]The court also denied defendants’ motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. dismissed plaintiff’s gender discrimination claim asserted on a theory of “sex stereotyping.” In sum, plaintiff –…
Read More Sex Stereotyping Gender Discrimination Claim Dismissed [Famighette v. Joseph Rose and Town of Huntington]In Famighette v. Joseph Rose and Town of Huntington, 17-cv-2553, 2018 WL 2048371 (E.D.N.Y. May 2, 2018), the court, inter alia,[1]The court also dismissed plaintiff’s gender discrimination/sex stereotyping claim under Title VII of the Civil Rights Act of 1964. denied defendant’s motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act…
Read More Age Discrimination (ADEA) Claim Survives Dismissal; “But For” Causation Need Not Be Established at the Pleading Stage [Famighette v. Joseph Rose and Town of Huntington]In Rybnik v. MW 303 Corp., 2018 WL 2046571 (N.Y. Sup. Ct. N.Y. Cty., Index No. 158679/16, April 27, 2018), the court held that the plaintiff may amend her sexual harassment complaint. Here is the legal standard, as explained by the court: Leave to amend pleadings pursuant to CPLR §3025(b) should be freely given “absent prejudice…
Read More Sexual Harassment Plaintiff May Amend Her Complaint, Court Rules [Rybnik v. MW 303 Corp.]In Mejia v. T.N. 888 Eighth Ave. LLC Co., 2018 WL 1988855 (NY Sup. Ct. NY Cty., Index No. 150228/2014), the court held that plaintiff sufficiently alleged retaliation under New York Labor Law 215. In his thorough and well-reasoned opinion, New York Supreme Court Justice Robert Kalish wrote, inter alia: Plaintiff then alleged that, in retaliation…
Read More Plaintiff States Retaliation Claim Under NY Labor Law 215 [Meija v. T.N. 888 Eighth Ave LLC]In Duplan v. City of New York, 2018 WL 1996613 (2d Cir. April 30, 2018), the U.S. Court of Appeals held, inter alia, that plaintiff – a gay black Haitian man – sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964. The court initially held that plaintiff, a New York City…
Read More Title VII Retaliation Claim Survives Dismissal [Duplan v. City of New York]