Employment Discrimination

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In Pothen v. Stony Brook Univ., No. 13-cv-6170, 2016 WL 5716842 (E.D.N.Y. Sept. 30, 2016), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s discrimination and hostile work environment claims. As to plaintiff’s discrimination claims (based on adverse actions short of termination), the court explained: With respect to plaintiff’s claims…

Read More Plaintiff’s National Origin and Religion (Non-Termination) and Hostile Work Environment Claims Plausibly Alleged
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Today I become a member of a protected class. The Age Discrimination in Employment Act of 1967, codified at 29 U.S.C. 621, is a federal law that prohibits discrimination based on age. Specifically, it prohibits discrimination against “individuals who are at least 40 years of age.” As of today, this includes me. The ADEA makes it…

Read More The Age Discrimination in Employment Act Now Protects Me
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In Figueroa v. New York State Div. of Human Rights, No. 15-01941, 2016 WL 5509917 (N.Y. App. Div. Sept. 30, 2016), the court determined that the NYS Division of Human Rights correctly dismissed complaints alleging sexual harassment and retaliation. From the decision: [W]e agree with the District that substantial evidence supports the determination of the…

Read More Administrative Dismissal of Sexual Harassment and Retaliation Claims Upheld
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In Laboy v. Office Equip. & Supply Corp., No. 15-cv-3321, 2016 WL 5462976 (S.D.N.Y. Sept. 29, 2016), a race discrimination and unpaid wages lawsuit, the court entered judgment in plaintiff’s favor following defendants’ default. The facts, in sum/part, taken from plaintiff’s complaint: [Defendants Michael] Prince and [Steven] Maglio referred to Laboy and other dark skinned…

Read More Court Awards Damages, Including $25,000 for Emotional Distress, in N-Word Race Discrimination Case Upon Defendants’ Default
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In a recent Summary Order, Dunaway v. MPCC Corp. (2d Cir. Sept. 27, 2016), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. This decision teaches that asking age-related questions during a job interview is not, alone, necessarily sufficient to sustain a failure-to-hire discrimination claim.…

Read More Age-Related Comments During Job Interview Insufficient to Establish Failure-to-Hire ADEA Claim
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In Spinelli v. City of New York, 13-cv-7112, 2016 WL 5476001 (S.D.N.Y. Sept. 29, 2016), the Court adopted a Magistrate’s Report & Recommendation to, among other things, deny defendants’ motion for summary judgment on plaintiff’s age discrimination claim under the New York State Human Rights Law. As to plaintiff’s prima facie case, the Court explained:…

Read More Age Discrimination Claim Survives Summary Judgment; Evidence Included Shifting of Responsibilities to Clerical Tasks and Ageist Remarks
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In Sarr v. Saks Fifth Ave. LLC, 151303/2015, 2016 NY Slip Op 31751(U) (NY Sup Ct NY Cty Sept. 20, 2016), the court dismissed the claims brought by the Muslim plaintiff, under the NYS and NYC Human Rights Laws, of employment discrimination, retaliation, and hostile work environment. After reviewing the legal standard/burden-shifting framework for evaluating plaintiff’s discrimination claims,…

Read More Court Dismisses Muslim Plaintiff’s Employment Discrimination, Retaliation, Hostile Work Environment Claims Against Saks Fifth Avenue
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In Andrus v. Corning, Inc., No. 14-CV-6667-FPG, 2016 WL 5372467 (W.D.N.Y. Sept. 26, 2016), the U.S. District Court for the Western District of New York dismissed plaintiff’s Title VII hostile work environment sexual harassment claim arising from sexual comments made by plaintiff’s co-worker. She alleged: (i) In April 2013, Mr. Drane [the alleged harassing co-worker]…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Co-Worker’s Sexual Comments, While Inappropriate, Could Not Be Imputed to Employer
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A recent decision, Kennedy v. Federal Express Corp, 13-cv-1540, 2016 WL 5415774 (N.D.N.Y. Sept. 28, 2016), a sexual harassment case, illustrates that proving the existence of a hostile work environment is alone insufficient to prevail. In this case, defendant conceded for purposes of its summary judgment motion that the alleged conduct of plaintiff’s supervisor created…

Read More FedEx Not Liable For Hostile Work Environment Sexual Harassment; Faragher/Ellerth Defense Cited and Applied
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In Olsen v. Suffolk County et al, 15-CV-4064, 2016 WL 5395846 (E.D.N.Y. Sept. 27, 2016), the court held, among other things, that plaintiff plausibly alleged hostile work environment sexual harassment. The court summarized plaintiff’s allegations, in part, as follows: On or about May 26, 2014, Plaintiff was eating dinner with coworkers outside the precinct and…

Read More Forced Penis Touch, Among Other Allegations, Sufficient to Plausibly Allege Hostile Work Environment Sexual Harassment
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