Judge: John G. Koeltl

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
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In Crowley v. Billboard Magazine, No. 19-cv-7571, 2021 WL 6033608 (S.D.N.Y. Dec. 21, 2021), the court granted defendant’s motion for summary judgment dismissing plaintiff’s claims of sexual orientation discrimination 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. This…

Read More Sexual Orientation Discrimination Claim Dismissed; Sending Sexually-Charged Messages Was Sufficient Reason For Termination, Notwithstanding That The Conduct Was Not Specifically Forbidden
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In Pollock v. Dermot Shea & City of New York, 20-cv-6273, 2021 WL 4962736 (S.D.N.Y. Oct. 26, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims against the defendants under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. Initially, the court…

Read More Court: Gender Discrimination Claims Sufficiently Alleged Against City of New York and Individual Defendant
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In Biehner v. City of New York et al, 19-CV-9646, 2021 WL 4924838 (S.D.N.Y. Oct. 20, 2021), the court, inter alia, dismissed plaintiff’s claim of gender/pregnancy discrimination under Title VII of the Civil Rights Act of 1964. From the decision: In any event, the plaintiff has not pleaded adequately the other elements required for her…

Read More Court Dismisses Title VII Gender/Pregnancy Discrimination Claim Against the City of New York
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In Franklin v. New York City Transit Authority, 18-cv-6436, 2021 WL 4710762 (S.D.N.Y. Oct. 8, 2021), the court dismissed plaintiff’s failure-to-promote claim under Title VII of the Civil Rights Act of 1964, since that claim was not “administratively exhausted.” From the decision: The defendant in this case argues – correctly – that the plaintiff’s claims…

Read More Title VII “Failure to Promote” Claim Dismissed; Failure to Include in EEOC Charge Fatal
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In Rettino v. New York City Department of Education et al, 19-cv-5326, 2021 WL 2987113 (S.D.N.Y. July 15, 2021), the court, inter alia, dismissed plaintiff’s age-based hostile work environment claim under the Age Discrimination in Employment Act of 1967. The court outlined the elements of such a claim as follows: The ADEA’s prohibition of a…

Read More Age-Based Hostile Work Environment Claim Dismissed Against NYC Dept. of Education
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In Wimberly v. automotiveMastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the Americans with Disabilities Act, 42 U.S.C. §§ 12203 & 12112 (ADA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et…

Read More Title VII, ADA, GINA Claims Survive Dismissal on Administrative Exhaustion Grounds
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In Wimberly v. automotive Mastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, dismissed, under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claim asserting a racially hostile work environment under 42 U.S.C. § 1981. The law, as summarized by the court: In order to establish a hostile work environment…

Read More Section 1981 Hostile Work Environment Race Discrimination Claim Dismissed; Disproportionate Scrutiny, “Ghetto” Comments, Etc. Insufficient
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In Stryker v. HSBC Securities (USA) et al, 2020 WL 5127461 (SDNY Aug. 31, 2020), the court, inter alia, granted defendants’ motion for summary judgment as to plaintiff’s disability-based hostile work environment claims under the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and New York City Human Rights Law. As…

Read More Disability-Based Hostile Work Environment Claims Dismissed; “Legitimate Reprimands” Were Not Actionable
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