Employment Discrimination

In Yarrington v. Candor Central School District et al, 18-cv-1250, 2020 WL 1493920 (N.D.N.Y. March 27, 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 summarized the law as follows: In order to state…

Read More Hostile Work Environment Claim Dismissed; Conduct Amounted to “Personality Conflicts”

In Williams v. Anne Geiger and Department of Education, 2020 WL 1304397 (S.D.N.Y. March 19, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. In order to establish a hostile work environment claim, plaintiff was required to show two elements: (1) the workplace was permeated with…

Read More Disability-Based Hostile Work Environment Claim Dismissed

In Bauman v. Mount Sinai Hospital, 2020 NY Slip Op 01964 (App. Div. 1st Dept. March 19, 2020), the court unanimously affirmed the lower court’s Order dismissing (on summary judgment) plaintiff’s claims that he was subjected to religion-based discrimination and retaliation under the New York City Human Rights Law. As to plaintiff’s discrimination claim, the…

Read More Religious Discrimination Claim Dismissal Affirmed Against Mt. Sinai Hospital

In Montgomery v. New York City Transit Authority, 2020 WL 1313184 (2d Cir. March 18, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws.…

Read More 2d Circuit Affirms Dismissal of Plaintiff’s Discrimination Claims Against the NYC Transit Authority; Rejects “Coded Language” Theory

In Kiraka v. M&T Bank, 2020 WL 1285632 (N.D.N.Y. March 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law regarding such claims, the court explained: [Plaintiff] fails to state a plausible claim under Title VII. ……

Read More Hostile Work Environment Claim Dismissed; Allegations, Including Mocking of Accent, Held Insufficient

In Eyuboglu v. Gravity Media, LLC, 2020 WL 1280675 (2d Cir. March 17, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964. The court based its decision, in part, on the so-called “stray marks” doctrine: “While discriminatory remarks may constitute evidence of…

Read More Citing “Stray Remarks” Doctrine, 2d Circuit Affirms Dismissal of Employment Discrimination Claims

A recent decision, Brouillard v Sunrun, Inc., No. 518516-2019, 2020 WL 998990, 2020 N.Y. Slip Op. 30663(U) (N.Y. Sup Ct, Kings County Feb. 26, 2020), illustrates the difference between the New York State Human Rights Law and the comparatively broader New York City Human Rights Law – here, specifically, in the context of a claim…

Read More Disability Discrimination Claim Arising From Medical Marijuana User Status Sufficiently Alleged Under City, But Not State, Law

A recent decision, Ellis v. New York City Department of Education, 2020 WL 1166056 (S.D.N.Y. March 11, 2020), illustrates that in order to properly plead a hostile work environment claim under Title VII of the Civil Rights Act of 1964, merely invoking the words “abuse” and “hostile” to describe one’s work situation is not enough.…

Read More Hostile Work Environment Claim Insufficiently Alleged Against NYC Department of Education, Court Holds

In Wang v. Air China Limited and LB Oceanfront Corp., 17-CV-6662, 2020 WL 1140458 (E.D.N.Y. March 9, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment claim. From the decision: After assessing the totality of the alleged conduct, the relevant factors, and the Second Circuit’s caution against “setting the…

Read More Sexual Harassment Claim Survives Summary Judgment