Court: EDNY

In Feinstein v. Richard Carranza and the NYC Dept. of Education, 19-CV-3344, 2021 WL 722411 (E.D.N.Y. Feb. 24, 2021), the court dismissed plaintiff’s religion-based discrimination claim as untimely, in that it was not filed within 90 days of the receipt of the right-to-sue letter from the U.S. Equal Employment Opportunity Commission (EEOC). From the decision:…

Read More Day-Late Religious Discrimination Complaint Dismissed
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In a recent case, Tenecora et al v. Ba-Kal Restaurant Corp., d/b/a Princess Diner et al, 18-cv-7311, 2021 WL 424364 (E.D.N.Y. Feb. 8, 2021), the court adopted a Magistrate Judge’s Report & Recommendation granting plaintiff’s motion for default judgment on their employment discrimination and hostile work environment claims. The court explained the difference between “direct”…

Read More Discriminatory Wage Withholding Claim Survives Against Restaurant Defendants
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In Clarke v. New York City Department of Education, 18-cv-6783, 2021 WL 123358 (E.D.N.Y. Jan. 13, 2021), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. After reviewing the black-letter law concerning this claim, the court explained: The plaintiff claims that the defendants “picked on [her] and other veteran teachers” while allowing “younger…

Read More “Monkey” Reference Did Not Rise to Level of a Hostile Work Environment; Claim Dismissed
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In EEOC v. AZ Metro Distributors, LLC, 2020 WL 7404432 (EDNY Dec. 16, 2020), the court, inter alia, held that a jury verdict in plaintiff’s favor on claims of age discrimination under the Age Discrimination in Employment Act was supported by sufficient evidence, and therefore denied defendant’s Rule 50 motion for judgment as a matter…

Read More Age Discrimination Jury Verdict Supported by Sufficient Evidence
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In a recent case, Belvin and Mayers v. Electchester Management, LLC, 2020 WL 7262877 (E.D.N.Y. Dec. 10, 2020), the court, inter alia, dismissed one plaintiff’s retaliation claim, finding that they did not establish a prima facie case of retaliation. From the decision: Regarding the first claim, Mr. Mayers has failed to adduce evidence of retaliation…

Read More Retaliation Claim Dismissed; Insufficient Help in Putting Up Christmas Decorations Was Not An “Adverse Employment Action”
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In Lebowitz et al v. New York City Dept. of Education et al, 2020 WL 7024362 (E.D.N.Y. Nov. 30, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s age-based hostile work environment claim. From the decision: [Plaintiff] premises her claim largely on comments purportedly made by O’Mahoney and Izzo. According to…

Read More Teachers’ Age Discrimination / Hostile Work Environment Claims Dismissed
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In Ulinski v. Brotherhood of Railroad Signalmen Local 56, 2020 WL 6940994 (EDNY Nov. 24, 2020), the court, inter alia, dismissed plaintiff’s claim for age discrimination asserted under the Age Discrimination in Employment Act. The specific basis for dismissal was plaintiff’s failure to “exhaust his administrative remedies.” The court explained this obligation, and its relevance…

Read More Federal Age Discrimination Claim Dismissed Due to Failure to Exhaust Administrative Remedies
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In Francis v. Ideal Masonry, Inc., 2020 WL 6737463 (E.D.N.Y. Nov. 17, 2020), a race discrimination case, the court (upon review of a Magistrate Judge’s Report & Recommendation) denied defendants’ motion to vacate a default judgment. Plaintiffs, who are both Black males and immigrants. alleged that while employed by defendant, their supervisor, “used racist epithets…

Read More “Strategic”, “Willful” Default in Race Discrimination Case Will Not Be Vacated
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In Nagaraj v. Sandata Technologies, LLC, 2020 WL 6482194 (EDNY Nov. 4, 2020), the court adopted a Magistrate Judge’s Report & Recommendation finding that plaintiff may proceed on his claim of  a hostile work environment based on race discrimination culminating in a constructive discharge. This decision is instructive on the scope of a federal statute,…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal
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