Adverse Employment Action

In Martinez v. City of Union City, Union City Police Department et al, Civ. No. 21-11111, 2021 WL 5195708 (D.N.J. Nov. 8, 2021), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim for sex discrimination under Title VII of the Civil Rights Act of 1964. (The court did, however, find that plaintiff sufficiently…

Read More Sex Discrimination Claim Dismissed; No “Adverse Action” Alleged
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In Avent v. Target Corporation et al, 19-1565, 2021 WL 3089120 (NDNY July 22, 2021), the court, inter alia, dismissed defendants’ motion to dismiss plaintiff’s race-based “adverse action” discrimination claims asserted under Title VII of the Civil Rights Act of 1964. (I wrote about the court’s assessment of plaintiff’s race-based hostile work environment claims here.)…

Read More Race Discrimination Claim, Based on “Adverse Actions”, Sufficiently Alleged Against Target
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In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff (a homosexual Hispanic male who alleges he suffers from panic disorder, anxiety, post-traumatic stress disorder (PTSD), claustrophobia, and HIV) sufficiently alleged a claim for discrimination under…

Read More Employment Discrimination Claim Stated Under NYC Human Rights Law Against NYC Health & Hospitals Corp.
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In Green v. Mount Sinai Health System, Inc. et al, 2020 WL 6165969 (2d Cir. Oct. 22, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. Specifically, the court held that (1) plaintiff did not engage in “protected activity”, (2) plaintiff…

Read More Retaliation Claim Dismissed; “Generalized Complaints” Did Not Constitute “Protected Activity”
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In Torre et al v. Charter Communications, Inc. d/b/a Spectrum, 2020 WL 5982684 (S.D.N.Y. October 8, 2020), the court, inter alia, held that plaintiff sufficiently alleged sex and age discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State and City Human Rights…

Read More Reporters Sufficiently Allege Sex and Age Discrimination (Specifically the Existence of “Adverse Employment Actions”) Against Spectrum
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In Benedetto v. New York State Office of Children and Family Services, 2020 WL 4049945 (N.D.N.Y. July 20, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disparate treatment gender discrimination claim, on the ground that plaintiff did not suffer an “adverse employment action.” (The court also denied defendant’s motion to dismiss plaintiff’s…

Read More Discrimination Claim Dismissed; “Less Desirable Shifts” Did Not Constitute an “Adverse Employment Action”
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In Zoll v. Northwell Health, Inc., 19-2716, 2020 WL 3493498 (2d Cir. June 29, 2020), the Second Circuit affirmed the district court’s dismissal, on summary judgment, of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff, who is white, asserted that she suffered two adverse actions on the…

Read More 2d Circuit Affirms Dismissal of White Plaintiff’s Title VII Race Discrimination Claim
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In Erno v. New York State Office of Information Technology Services, 2020 WL 2736563 (N.D.N.Y. May 26, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s gender discrimination claim, based on her alleged denial of a desired assignment. The court explained the contours of an “adverse employment action” in this context: An adverse employment…

Read More Gender Discrimination Claim, Based on Denial of Assignment, Dismissed
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In Golston-Green v. City of New York, et al., No. 2016-02462, 28117/09, 2020 N.Y. Slip Op. 02768, 2020 WL 2462411 (N.Y.A.D. 2 Dept., May 13, 2020), the court, inter alia, dismissed plaintiff’s claim of discrimination under the New York City Human Rights Law. This decision is instructive as to the differences between the New York State Human…

Read More Court Clarifies Standard for “Adverse Employment Action” Under the NYC Human Rights Law
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