Gender Discrimination

In Montgomery v. New York City Transit Authority, 2020 WL 1313184 (2d Cir. March 18, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws.…

Read More 2d Circuit Affirms Dismissal of Plaintiff’s Discrimination Claims Against the NYC Transit Authority; Rejects “Coded Language” Theory

In Kiraka v. M&T Bank, 2020 WL 1285632 (N.D.N.Y. March 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law regarding such claims, the court explained: [Plaintiff] fails to state a plausible claim under Title VII. ……

Read More Hostile Work Environment Claim Dismissed; Allegations, Including Mocking of Accent, Held Insufficient

In Triana v. NYC Health & Hospitals, No. 152276/2019, 2020 NY Slip Op 30605(U), 2020 WL 1031379 (N.Y. Sup Ct, New York County Feb. 20, 2020), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claims asserted under 42 USC §§ 1981 and 1983 and the New York City Human Rights Law. The court…

Read More Hostile Work Environment Claim Dismissed; Accent Comments Held Insufficient

In Denson v. Donald J. Trump For President, No. 101616/17, 10334, 10334A, 2020 N.Y. Slip Op. 00923, 2020 WL 573113 (N.Y.A.D. 1 Dept., Feb. 06, 2020), the court, inter alia, struck down arbitration awards – predicated on claimed violations of a non-disclosure, non-disparagement agreement (NDA) – against an ex-employee of Donald J. Trump’s presidential campaign.…

Read More Court Vacates Arbitration Award Against Former Trump Campaign Employee for Alleged NDA Violation

In Nelson v. New York City Tr. Auth., 2020 NY Slip Op 00671 (App. Div. 1st Dept. Jan. 30, 2020), the court unanimously affirmed the denial of defendants’ motion for summary judgment on plaintiff’s employment discrimination claims. From the decision: Defendants New York City Transit Authority (NYCTA) and Metropolitan Transit Authority Bus Company (MTA) failed…

Read More Race/Gender Discrimination Claims Survive Summary Judgment Against the NYC Transit Authority

In Boyce-Herbert v. New York and Presbyterian Hospital, 2020 WL 376788 (E.D.N.Y. Jan. 23, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims.[1]Initially, the court held that plaintiff’s discrimination claims were time-barred, but addressed the merits of plaintiff’s claims in an “abundance of caution.” The court listed the elements that a plaintiff must demonstrate in…

Read More Age/Race/Gender/Religious Discrimination Claims Dismissed Against NY and Presbyterian Hospital

In some cases, displays of racially- and/or sexually-charged content (e.g., videos) at work might be evidence of actionable employment discrimination. That is, of course, not an ironclad rule. Consider, for example, the recent case of Johnson v. IAC/InterActiveCorp, 2020 NY Slip Op 00488 (NY App. Div. 1st Dept. Jan. 23, 2020), in which the New York Appellate…

Read More “Offensive” Content Shown at Work Insufficient to Demonstrate Disparate Treatment, Court Holds

In Ibrahim v. Fidelity Brokerage Services LLC, 19-CV-3821, 2020 WL 107104 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, held that plaintiff sufficiently alleged sexual harassment under the New York City Human Rights Law, codified at N.Y.C. Admin. Code § 8–107(1)(a) (NYCHRL). The court’s decision nicely summarizes the present state of the law regarding how…

Read More Sexual Harassment Claims Sufficiently Alleged Against Fidelity Brokerage Services, Court Holds

In Holmes v. YMCA of Yonkers, Inc., 19 CV 620 (VB), 2020 WL 85389 (SDNY Jan. 7, 2020), the court held, inter alia, that plaintiff sufficiently alleged employment discrimination based on gender (under Title VII of the Civil Rights Act of 1964) and age (under the Age Discrimination in Employment Act). The court summarized the…

Read More Title VII and ADEA Discrimination Claims Sufficiently Alleged; Complaint, While “Sparse”, Held Sufficient

In Saltzman v. Exlservice Holdings Inc., No. 154361/2019, 2019 WL 6843028 (N.Y. Sup Ct, New York County Dec. 11, 2019), the court denied defendants’ motion to compel arbitration of plaintiff’s gender discrimination and retaliation claims asserted under the New York City Human Rights Law. In sum, plaintiff asserts that defendants treated her worse than similarly-situated…

Read More Gender Discrimination and Retaliation Claims Not Subject to Arbitration Clause, Court Holds