Employment Discrimination

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:

In Lopez v. Mama’s Fried Chicken, Inc., 2022 NY Slip Op 01124 (NY App. Div. 1st Dept. Feb. 22, 2022) – involving claims of failure to pay wages, sexual harassment, discrimination, and retaliation – the First Department unanimously affirmed a lower court’s Order denying defendant’s motion to vacate a default judgment entered in plaintiff’s favor.…

Read More Sexual Harassment Default Judgment Upheld; “Law Office Failure” Argument Rejected
Share This:

In Quintero v. Angels of the World, Inc., 19-CV-6126, 2021 WL 4464123 (E.D.N.Y. Sept. 10, 2021), the court, inter alia, assessed emotional distress damages to be awarded to plaintiff (an exotic dancer), upon defendants’ default, on her claims of race-based discrimination and hostile work environment, hostile work environment sexual harassment, among others. The court summarized…

Read More Exotic Dancer Awarded $30,000 in Emotional Distress Damages Upon Defendants’ Default in Sexual Harassment Case
Share This: