Judge: Ronnie Abrams

From Kho v. New York and Presbyterian Hospital, 2018 WL 4759739 (S.D.N.Y. Sept. 30, 2018): The Hospital is entitled to summary judgment on Kho’s hostile work environment claims. These claims appear predicated on: (1) Holmes’ [plaintiff’s manager] comments regarding Kho’s accent and (2) occasions on which Holmes allegedly yelled at Kho. [T]he Court declines to…

Read More Court Explains Dismissal of Plaintiff’s Accent-Based Hostile Work Environment Claim
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In Salas v. New York City Department of Investigation, 2018 WL 1614339, 16-cv-8573 (S.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss, and held that plaintiff – who suffered from a stutter – stated a claim for a hostile work environment under the Americans with Disabilities Act (ADA). From the decision:…

Read More Plaintiff, Mocked For Stuttering, States Hostile Work Environment Claim Under the Americans with Disabilities Act
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In Grewal v. Cuneo Gilbert & LaDuca LLP, No. 13-CV-6836 (RA), 2017 WL 1215752 (S.D.N.Y. Mar. 31, 2017), the court denied defendants’ motion for summary judgment on the plaintiff’s breach of contract claim, but granted it as to her national origin-based hostile work environment claims. In this case, plaintiff – a lawyer of Indian national…

Read More Lawyer’s Breach of Contract Claim Survives Summary Judgment; National Origin Discrimination/Hostile Work Environment Claims Dismissed
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In Fullwood v. SDH Servs. W., LLC, No. 16-CV-1 (RA), 2016 WL 3951186 (S.D.N.Y. July 20, 2016), an employment discrimination/hostile work environment/sexual harassment case, the court granted defendants’ motion to change venue from the Southern District of New York to the Western District of New York. In this case, plaintiff contends that over the course…

Read More Go West, Ms. Plaintiff: Manhattan Federal Court Explains Decision to Transfer Discrimination Case to the Western District of New York
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In a lawsuit filed this week, captioned Villalta v. JS Barkats PLLC and Sunny Barkats, 16-cv-2772 (SDNY filed April 13, 2016), plaintiff asserts claims of gender discrimination and quid pro quo and hostile work environment sexual harassment against a Manhattan law firm and its owner. Plaintiff alleges, among other things: Defendant [Sunny] Barkats exploited Plaintiff, who…

Read More Sexual Harassment Lawsuit Against Manhattan Law Firm JS Barkats PLLC
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In Busby v. Syracuse City Sch. Dist., No. 5:15-CV-1007 LEK/ATB, 2015 WL 5820972 (N.D.N.Y. Oct. 5, 2015), the court adopted the Magistrate Judge’s Report and dismissed plaintiff’s employment discrimination claims as insufficiently pled. There, plaintiff alleged that she was dismissed from her employment as a “School Monitor” at the McKinley–Brighton School in Syracuse after twenty…

Read More Failure to Allege Discriminatory Motivation Results in Dismissal of Complaint
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What is “work”? In Gibbs v. City of New York (SDNY Jan. 23, 2015), the court held that plaintiffs’ required attendance at alcohol treatment and counseling sessions was not compensable “work” within the meaning of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. Plaintiffs were identified by their employer (the NYPD) as…

Read More Employer-Mandated Alcohol Counseling is Not “Work” Under the FLSA, Court Holds
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Below is the federal court complaint, captioned Natasha Velez v. Chipotle Mexican Grill et al., 1:14-cv-02625, filed yesterday by plaintiff Natasha Velez against her former employer Chipotle. Plaintiff alleges that she was fired after disclosing that she was a victim of domestic violence and showing her manager a recently-obtained order of protection against her assailant. She…

Read More Lawsuit: Domestic Violence Victim Status Discrimination Case Against Chipotle
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