Employment Discrimination

In Brito et al v. Marina’s Bakery Corp. et al, 19-CV-00828, 2022 WL 875099 (E.D.N.Y. March 24, 2022), the court, inter alia, granted plaintiff’s motion for a default judgment on his hostile work environment claims asserted under the New York State and City Human Rights Laws. After summarizing the black-letter law as to those claims,…

Read More Plaintiff Entitled to Default Judgment on Hostile Work Environment Claims; Allegations Included Mocking of Visual and Hearing Impairments
Share This:

In Connolly v. City of New York, 2022 WL 843497 (2d Cir. March 22, 2022), the court, inter alia, vacated the lower court’s dismissal (on timeliness grounds) of plaintiff’s retaliation claim. From the decision: We first address the District Court’s decision to dismiss as time-barred Connolly’s retaliation claims arising before November 20, 2013. The District…

Read More Retaliation Claim Was “Reasonably Related” to EEOC-Filed Claims
Share This:

In Ames v. New York City Dept. of Educ., No. 151743/2021, 2022 WL 705673 (N.Y. Sup Ct, New York County Mar. 09, 2022), the court, inter alia, dismissed plaintiff’s employment discrimination complaint under CPLR 3211(a)(5), since it was barred by a release plaintiff entered into. From the decision: This action is barred by the releases…

Read More Employment Discrimination Claims Barred by Release; Duress Argument Rejected
Share This:

In Diaz v. Champion Parking Corp., No. 151477/2021, 2022 WL 617009 (N.Y. Sup Ct, New York County Mar. 02, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims for “quid pro quo” and hostile work environment sexual harassment under the New York State and City Human Rights Laws. The court summarized the…

Read More Sexual Harassment Claims Stated Against Champion Parking Corp.
Share This:

In McKinney v. State of New York et al, 19-CV-3920, 2022 WL 602970 (S.D.N.Y. March 1, 2022), the court, inter alia, dismissed plaintiff’s (a correction officer) race-based hostile work environment claim. The court summarized the “black letter” law of this claim as follows: To state a hostile work environment claim, Plaintiff must show that Defendants’…

Read More Off-Premises Conduct Did Not Give Rise to Racially Hostile Work Environment, Court Holds
Share This:

In Wilkins v. United Parcel Service, Inc. d/b/a UPS et al, 19-cv-8180, 2022 WL 597431 (S.D.N.Y. Feb. 28, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision is a good example…

Read More Race-Based Hostile Work Environment Survives Summary Judgment Against UPS
Share This:

In Pappas v. Moody’s Investor Service, No. 15360, 158504/19, 2021-01012, 2022 N.Y. Slip Op. 01249, 2022 WL 548952 (N.Y.A.D. 1 Dept., Feb. 24, 2022), the court, inter alia, unanimously affirmed the lower court’s dismissal of plaintiff’s discrimination and retaliation claims asserted under the New York State and City Human Rights Laws (Executive Law § 296…

Read More First Department Affirms Dismissal of Discrimination & Retaliation Claims; Alleged Harasser’s Participation in Sexual Harassment Investigation Was Not “Protected Activity”
Share This:

In a resounding win for employees, Congress passed (with bipartisan support) the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021“, which bars the use of forced arbitration to address sexual assault and harassment claims in the workplace. The legislation passed the House on February 7, 2022, and the Senate on February…

Read More Congress Passes Bill to End Forced Arbitration in Cases of Sexual Assault and Sexual Harassment
Share This:

In Harris v. Oscar De La Renta, LLC, 2022 WL 540659 (SDNY Feb. 22, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based failure-to-hire claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In this case, the plaintiff states a claim for failure to hire. The…

Read More Race-Based Failure-to-Hire Discrimination Claim Will Proceed Against Oscar De La Renta
Share This: