Employment Discrimination

In Golston-Green v. City of New York, et al., No. 2016-02462, 28117/09, 2020 N.Y. Slip Op. 02768, 2020 WL 2462411 (N.Y.A.D. 2 Dept., May 13, 2020), the court, inter alia, held that summary judgment should not have been granted to defendants on plaintiff’s claim of gender-based hostile work environment under the NYC Human Rights Law.…

Read More Gender-Based Hostile Work Environment Survives Summary Judgment Under the NYCHRL Against NYC

In Small v. Cuer, 2020 WL 2215585 (2d Cir. May 7, 2020) (Summary Order), a sexual harassment case, the U.S. Court of Appeals for the Second Circuit affirmed a lower court ruling that, inter alia, largely upheld a substantial jury award in plaintiff’s favor for emotional distress and punitive damages. The jury had awarded $1.55…

Read More 2d Circuit Upholds Substantial Emotional Distress and Punitive Damages Awards in Sexual Harassment Case

In McElroy v. Mercer Health & Benefits LLC, No. 153735/2018, 2020 WL 2066336, 2020 N.Y. Slip Op. 31083(U) (N.Y. Sup Ct, New York County Apr. 29, 2020), an employment discrimination case, the court granted plaintiff’s motion to amend the complaint to add an additional plaintiff who has alleged similar employment discrimination causes of action against…

Read More Employment Discrimination Plaintiff May Amend Complaint to Add Additional Plaintiff

In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s constructive discharge claim. The court summarized the law as follows (internal quotation marks and citations omitted): An employee is constructively discharged when his employer, rather than discharging…

Read More Constructive Discharge Claims Survive Summary Judgment

In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. In a prior blog post, I addressed the court’s conclusion that plaintiff raised a triable issue issue of fact as to…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Court Differentiates Between Verbal and Physical Harassment: Part II

In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. Here, plaintiff’s claim included physical and non-physical harassment. In evaluating defendant’s motion, the court noted that the Second Circuit has drawn…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Court Differentiates Between Verbal and Physical Harassment: Part I

A recent decision from the Eastern District of New York, Henek v. CSC Holdings, LLC, 2020 WL 1516460 (E.D.N.Y. March 30, 2020) (J. Cogan), is instructive as to what a plaintiff must show – specifically, what will (in the court’s words) “not cut it” – when opposing a summary judgment in an employment discrimination case.…

Read More Religion/National Origin Discrimination Claims Dismissed; “Contentions” and “Beliefs” “Do Not Cut It”

In Ramos v. Metro-North Commuter Railroad, No. 153742/18, 2020 WL 2041968, 2020 N.Y. Slip Op. 31061(U) (N.Y. Sup Ct, New York County Apr. 03, 2020), the court denied defendants’ motion for summary judgment on plaintiff’s disability-based hostile work environment claim asserted under the New York City Human Rights Law. The court reached this conclusion, however,…

Read More Disability-Based Hostile Work Environment Claim Survives Summary Judgment Under the New York City (But Not New York State) Human Rights Law

In¬†Johnson v. City of New York, 2020 WL 2036708 (S.D.N.Y. April 28, 2020), the court,¬†inter alia, granted defendants’ motion to dismiss plaintiff’s race discrimination claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. On the race discrimination claim,…

Read More Firefighter’s Race Discrimination Claims Dismissed; Comments Were “Stray Remarks”

In Johnson v. City of New York, 2020 WL 2036708 (S.D.N.Y. April 28, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual orientation discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Firefighter’s Sexual Orientation Discrimination Claim Survives Dismissal