In Cao-Bossa v. New York State Dep’t of Labor, 18-CV-0509, 2019 WL 2743505 (N.D.N.Y. July 1, 2019), the court, inter alia, held that plaintiff should be permitted to amend her complaint to add a claim for national origin discrimination. From the decision: As to Plaintiff’s claim for national origin discrimination, Defendant argues that amendment would…

Read More National Origin Discrimination Claim by Chinese Plaintiff May Proceed; Persons Identified as “American” Were Appropriate Comparators
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In Gray v. Onondaga-Cortland-Madison Boces, 16-973, 2018 WL 1804694 (N.D.N.Y. April 13, 2018), the court held that plaintiff’s sexual harassment claim did not sufficiently allege that claim. The court explained the procedural framework for evaluating the sufficiency of claims in federal complaints: Fed. R. Civ. P. 8(a)(2) requires that a pleading contain “a short and…

Read More Sexual Harassment “Label” Insufficient; Claim Dismissed
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