In Basso v. EarthLink, Inc., 2018 NY Slip Op 00030 (App. Div. 1st Dept. Jan. 2, 2018), the court affirmed summary judgment in defendants’ favor on plaintiff’s claims of gender and age discrimination under the New York State and City Human Rights Laws. From the decision: Plaintiff carried her “de minimis burden” of showing a prima…
Read More Age/Gender Discrimination Claims Properly Dismissed; Pretext Not ShownIn Breitstein v. Michael C. Fina Co., 2017 NY Slip Op 08883 (App. Div. 1st Dept. Dec. 21, 2017), the court affirmed the dismissal of plaintiff’s religious discrimination, age discrimination, and retaliation causes of action under the New York State and City Human Rights Laws. This decision teaches/confirms that, in a discrimination case, the question is not…
Read More Religious/Age Discrimination & Retaliation Claims Properly Dismissed Against Michael C. FinaIn Petit v. Department of Educ. of the City of N.Y., 2017 NY Slip Op 32541(U), 155523/2016 (Sup. Ct. NY Cty. Dec. 1, 2017), the court dismissed plaintiff’s claims for discrimination, hostile work environment, and retaliation in violation of the New York State and City Human Rights Laws. Here I will discuss the court’s evaluation of plaintiff’s discrimination…
Read More Transfer to “Absent Teacher Reserve” Was Not an “Adverse Employment Action”; Discrimination Claim DismissedIn Eng v. City of New York, 17-1308, 2017 WL 5438877 (2d Cir. Nov. 14, 2017) (Summary Order), the court affirmed the dismissal of, inter alia,[1]The court also affirmed the dismissal of plaintiff’s claims under the Equal Pay Act and the New York City Human Rights Law. plaintiff’s employment discrimination claims under the New York State…
Read More NYS Human Rights Law Claims Fail Under Federal Pleading StandardIn Kassapian v. City of New York, 2017 NY Slip Op 07985, 2017 WL 5474008 (N.Y.A.D. 2 Dept. Nov. 15, 2017), the Second Department held that plaintiff sufficiently alleged claims of sexual harassment, age discrimination, and retaliation under the NYC Human Rights Law. As to plaintiff’s sexual harassment claim, the court explained: The allegation that…
Read More Sexual Harassment, Age Discrimination, and Retaliation Claims Survive Dismissal; Evidence Included Sex Toy at WorkIn Sims v. Columbia University, NY Sup. Ct. NY Cty. 156566/2013 (Nov. 2, 2017) (J. James), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age, race, and disability discrimination under the New York State and New York City Human Rights Laws. Among its reasons for dismissal were that plaintiff did not…
Read More Alleged Racial Slurs (Including Reference to Bubbles, Michael Jackson’s Chimpanzee) Held Not ActionableFrom Linda Murphy, appellant, v. Department of Education of the City of New York, et al., respondents., 2017 NY Slip Op 07609, 2017 WL 4930955 (N.Y.A.D. 2 Dept. Nov. 1, 2017): Here, the general allegation in the amended complaint that the plaintiff and two other “older” teachers had been “continuously harassed” by the principal and the…
Read More Age Discrimination Claims Dismissed; Incidents Were “Isolated” and “Episodic”In Sass v. Hewlett-Packard, 2017 NY Slip Op 06628 (App. Div. 1st Dept. Sept. 26, 2017), the court affirmed the lower court’s order granting defendant’s motion for summary judgment dismissing plaintiff’s complaint, which alleged age discrimination. From the decision: Plaintiff has failed to point to any evidence to support an inference that he was terminated on account…
Read More Age Discrimination Claim Dismissal Affirmed; Replacement by Younger Employee Was Alone InsufficientIn Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed summary judgment in defendant’s favor on plaintiff’s employment discrimination and retaliation claims. As to the discrimination claims, the court explained: Substantially for the reasons stated by the District Court, we conclude…
Read More 2d Circuit Affirms Dismissal of Race/Sex/National Origin/Age Discrimination Claims; Fight With Co-Worker, Not Unlawful Bias, Was Reason for TerminationIn Bull v. Metro. Jewish Health Sys., Inc., No. 18128/12, 2017 WL 3045858 (N.Y. App. Div. 2d Dept. July 19, 2017), the Appellate Division held that the lower court should have dismissed plaintiff’s claims of age and disability discrimination. Plaintiff alleged, inter alia, “that the defendant discriminated against her on the basis of her age…
Read More Age, Disability Discrimination Claims Should Have Been Dismissed; Plaintiff Did Not Suffer From a “Disability” At the Time of Her Termination