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In Wright v. Whitsons Culinary Group, 20-cv-667, 2020 WL 1957529 (EDNY April 23, 2020), the court, inter alia, dismissed plaintiff’s complaint as it did not sufficiently/plausibly allege that he suffered discrimination based on a protected characteristic in violation of Title VII of the Civil Rights Act of 1964. From the decision: In this action, Plaintiff…

Read More Discrimination Complaint Dismissed; Comparators’ Characteristics Not Identified

From Mohan v The City of New York, No. 151018/2019, 2020 WL 1546404, 2020 N.Y. Slip Op. 30729(U), 5 (N.Y. Sup Ct, New York County Mar. 03, 2020): As it pertains to plaintiff’s claims of discrimination, the court finds that plaintiff has not proffered evidence suggesting that on the basis of her race, gender, or…

Read More Race, Gender, National Origin Discrimination Claims Dismissed Against City of New York

In a recent decision, Sanders v. New World Design Build, Inc. et al, 19-CV-1071, 2020 WL 1957371 (S.D.N.Y. April 23, 2020) – an employment discrimination and retaliation case – the court declined to exercise jurisdiction over defendants’ counterclaims. Defendants’ defamation counterclaim, for example, alleges that Plaintiff defamed them when he spoke with Defendant about his…

Read More Court Declines to Exercise Supplemental Jurisdiction Over Malicious Prosecution and Defamation Counterclaims in Discrimination & Retaliation Case

In Anderson v. New York City Department of Finance, 19-CV-7971, 2020 WL 1922624 (S.D.N.Y. April 21, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based discrimination and hostile work environment claims. As to his hostile work environment claim, the court explained, with respect to the nature and consistency of the alleged conduct:…

Read More Race-Based Hostile Work Environment Claim Dismissed Against NYC Department of Finance

In Thomas v. Jonathan Mintz et al, No. 103397/11, 11405, 2020 N.Y. Slip Op. 02367, 2020 WL 1942218 (N.Y.A.D. 1 Dept. Apr. 23, 2020), the court modified a lower court decision to deny defendant’s motion to dismiss plaintiff’s retaliation claim, but upheld its dismissal of plaintiff’s hostile work environment and discrimination claims, under the New…

Read More Retaliation Claim Survives Dismissal; Hostile Work Environment and Discrimination Claims Dismissed

In Dass v. The City University of New York (Hostos Community College), 18-cv-11325, 2020 WL 1922689 (SDNy April 21, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. As…

Read More Gender Discrimination Sufficiently Alleged Against CUNY/Hostos

The New York City Commission on Human Rights recently announced the formation of a COVID-19 Response Team to address and ameliorate increased harassment and discrimination related to the virus. From the press release: Since February, the agency has recorded 248 reports of harassment and discrimination related to COVID-19, over 40% (105) of which identify incidents…

Read More NYC Commission on Human Rights Forms COVID-19 Response Team to Address Increased Virus-Related Harassment and Discrimination

In Johnson v. Frida’s Bakery, Inc., et al, 19-CV-1613, 2020 WL 1904061 (N.D.N.Y. April 17, 2020), the court, inter alia, recommended the dismissal of plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. As to the merits of plaintiff’s Title VII claim, the court explained: [T]o state a…

Read More Title VII Hostile Work Environment Claim Dismissed; Protected Class Not Alleged

In Jamiel v. Viveros, 19-cv-1389, 2020 WL 1847566 (S.D.N.Y. April 13, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation to deny defendant’s motion to dismiss plaintiff’s hostile work environment claims – relating to plaintiff’s race and perceived sexual orientation – under Federal Rule of Civil Procedure 12(b)(6). From the Order: With…

Read More Hostile Work Environment Claim Sufficiently Alleged; Report & Recommendation Adopted

In a recent case, Abreu v. Verizon New York, Inc. et al, 15-cv-00058 (EDNY March 25, 2020), the court – following a jury verdict in plaintiff’s favor on his claims of race discrimination and retaliation – held, inter alia, that the jury’s award of $750,000 for emotional distress was too high, and held that $200,000…

Read More Emotional Distress Damages Remitted From $750,000 to $200,000 in Employment Discrimination Case