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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

In Hamilton Specialty Insurance Company, Inc. v. Kinsale Insurance Co., 19-cv-5548, 2020 WL 1876358 (S.D.N.Y. April 15, 2020), the court held that a claim arising from an employment discrimination lawsuit was subject to an exclusion under an insurance policy (specifically, that policy’s “criminal act exclusion”). Here, the plaintiff (Hamilton) is an insurance company suing another…

Read More Sexual Assault Comes Under “Criminal Act Exclusion” in Insurance Policy, Court Holds

In Price v. TuneCore, Inc., 2020 NY Slip Op 02284 (App. Div. 1st Dept. April 16, 2020), the court affirmed the dismissal of plaintiff’s (defendant’s former CEO) employment-based claims. As to plaintiff’s claim regarding his status as the “highest paid employee”, the court explained: The employment agreement did not give plaintiff the unfettered right to…

Read More “Highest Paid Employee”, Vacation Pay Claims Dismissed

In Shojae v. Harlem Hospital Center et al, 2020 WL 1862293 (S.D.N.Y. April 14, 2020), the court held that the filing of a charge of discrimination with the United States Equal Employment Opportunity Commission (EEOC) tolls the statute of limitations under the New York State and City Human Rights Laws. In this employment discrimination case,…

Read More Filing of EEOC Charge Tolls Statute of Limitations Under NYS and NYC Human Rights Laws, Court Holds

In Simmons v. Trans Express, Inc., 19-438 (2d Cir. April 13, 2020), the U.S. Court of Appeals for the Second Circuit posed the following Certified Question to the New York Court of Appeals: Under New York City Civil Court Act § 1808, what issue preclusion, claim preclusion, and/or res judicata effects, if any, does a…

Read More 2d Circuit Poses Certified Question to NY Court of Appeals re Preclusive Effect of Small Claims Court Wage Determination

In Amaro v. Northwell Health, Inc., No. 513525/2019, 2020 WL 1275597 (N.Y. Sup. Kings County March 9, 2020), the court dismissed plaintiff’s claim of employment discrimination (based on sexual orientation) asserted under Nassau County Local Law 7-2004 Title C-2 § 21-9.8, on the ground that that statute does not provide a private right of action.…

Read More Nassau County Discrimination Law Does Not Provide a Private Right of Action, Court Holds

The U.S. Equal Employment Opportunity Commission (EEOC), which enforces various federal anti-discrimination laws (including Title VII of the Civil Rights Act of 1964) has recently reaffirmed its commitment to addressing and remedying discrimination arising from or relating to the COVID-19 situation. From the EEOC chair: Crises like the COVID-19 pandemic can bring out the best…

Read More EEOC on COVID19-Based Race and National Origin Discrimination

In Stathatos v. William Gottlieb Management, 18-cv-03332, 2020 WL 1694366 (E.D.N.Y. April 6, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging religion-based discrimination asserted under Title VII of the Civil Rights Act of 1964. Initially, the court held that plaintiff’s claim was subject to dismissal based on grounds of untimeliness…

Read More Religious Discrimination Claim Dismissed; No Link Between Allegedly False Charge of Viewing Pornography and Plaintiff’s Religion

A recent decision, Barney v. H.E.L.P. Homeless Service Corporation, 2020 WL 1699984 (SDNY April 8, 2020), illustrates the “extraordinary circumstances” justifying a delay in filing a federal discrimination lawsuit under Title VII of the Civil Rights Act of 1964 on the grounds of “equitable tolling.” Plaintiff asserted claims of sexual orientation-based discrimination and retaliation, and…

Read More Stabbing Justified “Equitable Tolling” of 90-Day EEOC Deadline in Discrimination Case, Court Holds