Employment Discrimination

On November 18, 2017, a plaintiff filed a lawsuit (captioned Cater v. State of New York et al (SDNY 17-cv-9032 Nov. 18, 2017)) against the State of New York, the Empire State Development Corporation, Governor Andrew Cuomo, and William Ballard Hoyt a/k/a Samuel B. Hoyt, III. In it, plaintiff alleges, inter alia, that “Defendant Hoyt engaged in…

Read More Sexual Harassment, Discrimination, Retaliation Lawsuit Against New York State, Governor Cuomo, William Hoyt, et al
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In Garcia v. Barclays Capital, Inc., et al, 13-cv-5308, 2017 WL 5499789 (S.D.N.Y. Nov. 15, 2017), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s employment discrimination claims. The court reached this decision by, inter alia, applying the so-called “same actor inference.” That doctrine provides that “the person who made the decision to…

Read More Court Applies “Same Actor Inference” in Dismissing Latina Woman’s Employment Discrimination Claims Against Barclays
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Here is an excerpt from the NYC Commission on Human Rights’ November 16, 2017 press release regarding its efforts to enforce the recently-enacted Fair Chance Act: The NYC Commission on Human Rights announced charges today against 12 local and national businesses for violating the Fair Chance Act, including Estée Lauder, Family Dollar, Kroll Associates, Tavern on…

Read More NYC Commission on Human Rights Files Complaints Against Several Companies for Violating the Fair Chance Act
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In 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 Work
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In Chakraborty v. Valentina Soto & The Riverside Church, 16-cv-9128, 2017 WL 5157616 (S.D.N.Y. Nov. 6, 2017), the court explained and applied the “election of remedies” doctrines codified in the New York State and City Human Rights Laws. Specifically, it held that that doctrine deprived it of subject matter jurisdiction to hear plaintiff’s NYSHRL and NYCHRL…

Read More Broadly-Construed “Election of Remedies” Doctrine Operates to Deprive Federal Court of Subject-Matter Jurisdiction Over NYS and NYC Human Rights Law Claims
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From Ortiz v. Gazes, LLC, 2017 NY Slip Op 32339(U) (N.Y. Sup. Ct. N.Y. Cty. 150876/2015 Oct. 30, 2017): Defendants have articulated legitimate reasons for terminating plaintiff by pointing to, among other things, plaintiff’s chronic absences, lateness and her inability to handle some of the work necessary. However, defendants acknowledge that they did not address attendance issues with…

Read More Gender/Pregnancy Discrimination Case Survives Summary Judgment
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In Dwyer v. Timothy O. Horne, as Acting Administrator of the General Services Administration, 12-cv-1176, 2017 WL 5197234 (E.D.N.Y. Nov. 9, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment and retaliation claims under Title VII of the Civil Rights Act of 1964. This decision provides an overview of…

Read More Security Guard’s Hostile Work Environment / Sexual Harassment Claim Dismissed Against Federal Government; It Was Not Plaintiff’s “Joint Employer”
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In Patel v. City of New York, 2017 WL 4862745 (2d Cir. Oct. 27, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s failure-to-promote employment discrimination claim. The court summarized the law as follows (paragraphing altered): [C]laims for race and national origin discrimination under Sections 1981 and 1983 are analyzed under the burden-shifting framework…

Read More 2d Circuit: Lack of Qualification Justifies Dismissal of Failure-to-Promote Race/National Origin Discrimination Claims
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In Castillo v. Montefiore Med. Ctr., 2017 NY Slip Op 07769 (App. Div. 1st Dept. Nov. 9, 2017), the First Department affirmed the dismissal of plaintiff’s pregnancy discrimination claims under the New York State and City Human Rights Laws. Here are the facts, as summarized by the court: On August 6, 2012, defendant hired plaintiff as a…

Read More Pregnancy Discrimination Dismissal Affirmed; Court Cites Negative Performance Feedback and Employer’s Lack of Knowledge of Pregnancy
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In 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 Actionable
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