Pleading

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A recent New York state court decision, Fernandez v. POP Displays & Active Staffing Services (NY Sup. Ct. NY Cty. 154516/2016 Jan. 5, 2017), illustrates the limitations on the geographic reach of the New York City Human Rights Law. The court granted defendant POP Display’s motion to dismiss under CPLR 3211(a)(2) for lack of subject…

Read More Court Dismisses NYC Human Rights Law Claims (Sexual Harassment Etc.) Against Non-NYC Company
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In Offor v. Mercy Medical Center, No. 16-839, 2017 WL 253616 (2d Cir. Jan. 20, 2017) (Summary Order), the court vacated the Federal Rule of Civil Procedure 12(b)(6) dismissal of plaintiff’s Family and Medical Leave Act (FMLA) retaliation claim, but affirmed the dismissal of her Title VII race and national origin discrimination claim. From the Order:…

Read More 2d Circuit Vacates Dismissal of FMLA Retaliation Claim, But Affirms Dismissal of Race/National Origin Discrimination Claim
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In Blundell v. Nihon Kohden Am., 15-cv-1503, 2017 WL 318842 (N.D.N.Y. Jan. 23, 2017), the court dismissed plaintiff’s age discrimination claims.[1]The court also denied defendant’s motion to dismiss plaintiff’s retaliation claim and his failure-to-accommodate-disability claim in part. This decision is instructive on the use, in litigation, of age-related comments as proof of age discrimination to…

Read More Court Dismisses Age Discrimination Claims, Notwithstanding Age-Related Comments
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In Schindler v. Plaza Constr. LLC, 2017 NY Slip Op 30029(U), 153291/2016 (N.Y. Sup. Ct. N.Y. Cty. Jan. 9, 2017), the court denied defendant’s motion to dismiss plaintiff’s claim of gender discrimination (wrongful termination) under the New York City Human Rights Law, pursuant to CPLR 3211(a)(1) (documentary evidence establishing a defense) and 3211(a)(7) (failure to state…

Read More Female Crane Operator States Claim of Gender Discrimination (Wrongful Termination) Under the NYC Human Rights Law
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In Kasperek v. N.Y. State, Dep’t of Corr. & Cmty. Supervision, No. 16-CV-671V, 2017 WL 85426 (W.D.N.Y. Jan. 10, 2017), the court recommended the denial of defendant’s motion to dismiss plaintiff’s claim of sex-based hostile work environment. The facts (in part), as summarized by the court: The events pertaining to this case began on October…

Read More Penis Graffiti Among Allegations in Sufficiently-Alleged Sex-Based Hostile Work Environment Claim
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In Horwitz v. Loop Capital Markets LLC (N.Y. Sup. Ct., N.Y. Cty., Index No. 650944/2016, Dec. 5, 2016), the court denied defendant’s CPLR 3211(a)(7) motion to dismiss and held that plaintiff sufficiently alleged a claim for discrimination based on a disability (here, a stutter) under the New York City Human Rights Law.[1]The court also ruled on…

Read More Disability Discrimination Claim, Based on Stutter, Survives Motion to Dismiss
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In Guerra v. Murphy, No. 15-cv-1168, 2016 WL 7480405 (N.D.N.Y. Dec. 29, 2016), the court granted defendant’s motion to dismiss plaintiff’s disparate-treatment employment discrimination claim under Title VII of the Civil Rights Act of 1964, as he failed to plausibly allege the existence of an “adverse employment action.” The court also dismissed plaintiff’s hostile work…

Read More Absence of “Adverse Employment Action” Results in Dismissal of Title VII Disparate-Treatment Employment Discrimination Claims
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In Scott-Robinson v. City of N.Y., No. 15-CV-09703 (NRB), 2016 WL 7378775 (S.D.N.Y. Dec. 15, 2016), the Southern District of New York (Judge Buchwald) dismissed plaintiff’s retaliation claim under the New York City Human Rights Law (NYCHRL), but held that she sufficiently alleged her failure-to-accommodate-disability claims against individual defendants. Plaintiff, a Child and Family Specialist…

Read More Failure-to-Accommodate Disability (Sciatica) Discrimination Claims Continue Against Individual Defendants; Retaliation Claims Dismissed
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In Johnson v. J. Walter Thompson U.S.A., LLC, No. 16-CV-1805 (JPO), 2016 WL 7217847 (S.D.N.Y. Dec. 13, 2016), the court denied defendants’ FRCP 12(b)(6) motion to dismiss plaintiff’s sex-based hostile work environment and retaliation claims. Here I’ll discuss the court’s evaluation of plaintiff’s hostile work environment claim. Plaintiff alleged, among other things, that defendant Gustavo…

Read More Sex-Based Hostile Work Environment Claim Continues Against J. Walter Thompson; Plaintiff Alleged (e.g.) Rape Comments, Unwanted Touching, and “Bossy” Remarks
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In Lawrence v. Sol G. Atlas Realty Co., No. 14-cv-3616, 2016 WL 7335612 (E.D.N.Y. Dec. 16, 2016), the court denied in part defendants’ motion to dismiss plaintiff’s retaliation claims. (This decision follows the Second Circuit’s October 28, 2016 decision vacating the district court’s order compelling arbitration of plaintiff’s claims.) Here are the facts, as summarized…

Read More Black Porter Sufficiently Pleads Retaliation, But Not Against an Individual Who Did Not Have the Requisite “Personal Involvement”
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