Court: SDNY

In a recent case, Rubert v. Daniel King, et al, 2020 WL 5751513 (SDNY Sept. 25, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s disparate treatment (termination) discrimination claim under 42 U.S.C. § 1981. (I wrote about the court’s denial of defendants’ motion with respect to plaintiff’s hostile work environment claim here.)…

Read More Race Discrimination (Termination) Claim Dismissed Against Walmart et al
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In Milord-Francois v. The New York State Office of the Medicaid Inspector General et al, 2020 WL 5659438 (SDNY Sept. 23, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The Court explained that plaintiff’s hostile…

Read More Hostile Work Environment Claim Dismissed; Conduct by Subordinate Employee Held Insufficient
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In Green v. New York City Transit Authority et al, 15-cv-8204, 2020 WL 5632743 (S.D.N.Y. Sept. 21, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim. Federal & State Law As to plaintiff’s claims under Title VII of the Civil Rights Act of 1964 and the…

Read More Sexual Harassment/Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Name-Calling, Pornography
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In Trail v. New York State Department of Corrections and Community Supervision, 17-cv-7273, 2020 WL 5504277 (SDNY Sept. 10, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim. [1]I discussed the court’s denial of defendants’ motion for summary judgment as to one aspect of plaintiff’s discrimination/disparate treatment…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In Trail v. New York State Department of Corrections and Community Supervision, 17-cv-7273, 2020 WL 5504277 (SDNY Sept. 10, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s disparate treatment discrimination claim under Title VII of the Civil Rights Act of 1964, relating to his claim that he suffered an “adverse…

Read More Harsher Punishment For Workplace Altercation Creates Issue of Fact as to Pretext; Summary Judgment Denied on Employment Discrimination Claim
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In Padilla v. Sacks and Sacks, LLP, 2020 WL 5370799 (S.D.N.Y. Sept. 8, 2020), the court dismissed plaintiff’s claims of sexual harassment and discrimination on the basis of gender and sexual orientation, wrongful discharge, and intentional infliction of emotional distress. Plaintiff, a gay Hispanic woman, was employed by defendant as a paralegal. After dismissing plaintiff’s…

Read More Discrimination, Sexual Harassment Allegations Did Not Make Out Claim For Intentional Infliction of Emotional Distress
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In Boyce v. Weber and Little Bear, Inc., 19-cv-3825, 2020 WL 5209526 (S.D.N.Y. Sept. 1, 2020), the court denied defendants’ motion for summary judgment (except in one respect) on plaintiff’s claims under the Trafficking Victims Protection Act (“TVPA”), 18 U.S.C. § 1591 et seq.; the New York State Human Rights Law; and the New York…

Read More Trafficking Victims Protection Act Lawsuit Continues Against Fashion Photographer
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In Stryker v. HSBC Securities (USA) et al, 2020 WL 5127461 (SDNY Aug. 31, 2020), the court, inter alia, granted defendants’ motion for summary judgment as to plaintiff’s disability-based hostile work environment claims under the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and New York City Human Rights Law. As…

Read More Disability-Based Hostile Work Environment Claims Dismissed; “Legitimate Reprimands” Were Not Actionable
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State and…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part Two (Title VII etc)
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act (EPA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part One (Equal Pay Act)
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