Pleading

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In Dollinger v. N.Y. State Ins. Fund, No. 314CV908MADDEP, 2016 WL 6833993 (N.D.N.Y. Nov. 18, 2016), the court dismissed plaintiff’s disability discrimination, hostile work environment, and retaliation claims. Plaintiff alleged, inter alia, “that he has been subjected to such treatment because he is ‘regarded as belonging to a group associated with high risk for HIV/AIDS;…

Read More Disability Discrimination Lawsuit Dismissed on the Pleadings; “Gay Terrorist” Email Among Allegations Failing to Meet “Plausibility” Pleading Standard
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In Bliss v. MXK Rest. Corp., No. 16CV2676, 2016 WL 6775439 (S.D.N.Y. Nov. 14, 2016), the court dismissed plaintiff’s gender and sexual orientation-based hostile work environment, retaliation, and aiding-and-abetting discrimination claims. In her complaint, plaintiff – a bartender/manager at defendants’ Remix nightclub – alleged (among other things) that she was subjected to a hostile work…

Read More Remix Bartender’s Gender-Based Hostile Work Environment Claims Dismissed as Insufficiently Pled
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In Orosz v. Regeneron Pharm., Inc., No. 15-cv-8504, 2016 WL 6083993 (S.D.N.Y. Oct. 17, 2016), the Southern District of New York adopted a Magistrate Judge’s Report & Recommendation denying plaintiff’s FRCP 12(b)(6) motion to dismiss plaintiff’s Title VII pregnancy discrimination claim on a “failure to hire” theory. SDNY Judge Nelson Roman summarized/outlined the law as…

Read More Title VII Pregnancy Discrimination Failure-to-Hire Lawsuit Against Pharmaceutical Company Survives Dismissal
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In Caputo v. Copiague Union Free Sch. Dist., No. CV 15-5292 (DRH), 2016 WL 6581865 (E.D.N.Y. Nov. 4, 2016), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim under the Americans with Disabilities Act and the New York State Human Rights Law. The court summarized the law: In order to state a…

Read More Retaliation, But Not Age Discrimination, Claims Sufficiently Alleged; Seven-Month Gap Between Disability Accommodation Request and Alleged Retaliatory Act Not Too Long as a Matter of Law
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From James v. City of N.Y., No. 157296/14, 2016 WL 6637734 (N.Y. App. Div. 1st Dept. Nov. 10, 2016): Crediting the allegations in the complaint for purposes of this motion to dismiss, we find that plaintiff, a correction officer and captain during the relevant time periods, has adequately alleged a claim for sexual orientation-based discrimination…

Read More Correction Officer Sufficiently Alleges Sexual Orientation Discrimination Under the NYC Human Rights Law
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In CHRISTIAN ESPINAL, Plaintiff, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, RAMON MARTINEZ, Individually, KIM KADEL, Individually, & TERRI CALDES, Individually, Defendants., No. 16 CIV. 4100 (CM), 2016 WL 6561406 (S.D.N.Y. Oct. 24, 2016), the court held that issues of fact precluded dismissal of plaintiff’s sexual harassment claims. Specifically, the court…

Read More Fact Issues Preclude Dismissal of Title VII Sexual Harassment and NYCHRL Aiding and Abetting Claim Against Columbia University; Alleged Release Not Dispositive
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In Blair v. N.Y. City Transit Auth., No. 14-CV-5091 (ENV)(PK), 2016 WL 6405900 (E.D.N.Y. Oct. 27, 2016), the court dismissed plaintiff’s claims of gender, age, disability, race, and national origin employment discrimination claims. Plaintiff, a black man, worked as a bus driver for the NYC Transit Authority. NYCTA terminated him after an incident involving alleged…

Read More Race Discrimination Claim Dismissed; Alleged White Comparator Was Not “Similarly Situated in All Material Respects” to Plaintiff
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In Emengo v. State of New York, 2016 NY Slip Op 06734 (App. Div. 1st Dept. Oct. 13, 2016), the court modified a lower court ruling and held that plaintiff sufficiently alleged race/national origin discrimination and retaliation under the New York State Human Rights Law. As to plaintiff’s discrimination claim, the court explained: Plaintiff’s allegations are…

Read More Race/National Origin Discrimination and Retaliation Claims Survive Dismissal
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In Palmer v. Shchegol, No. 14-cv-4406, 2016 WL 5678544 (E.D.N.Y. Sept. 30, 2016), the court dismissed some, but not all, of plaintiff’s employment discrimination claims. Plaintiff – described in the decision as “a fifty-year-old United Kingdom native who describes herself as a dark-skinned black woman” – asserted claims of disparate treatment, discriminatory pay, and wrongful…

Read More Discriminatory Pay & Wrongful Termination Claims Sufficiently Pleaded
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In Romero v. City of N.Y., No. 16 CIV. 4157 (BMC), 2016 WL 6155935 (E.D.N.Y. Oct. 21, 2016), Eastern District of New York Judge Cogan dismissed the race discrimination claims of plaintiff, a firefighter, for various reasons, including under Fed. R. Civ. P. 12(b)(6) because they did not plausibly allege discrimination. From the decision: As…

Read More “Serpico” Reference is an Insufficient Stand-In For Facts; FDNY Plaintiff’s Race Discrimination Complaint Dismissed For Failure to State a Claim
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