Judge: Vincent L. Briccetti

In Butler v. City School District of New Rochelle et al, 2020 WL 6639121 (S.D.N.Y., 2020), the court denied plaintiff’s motion for reconsideration of its decision to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. The court explained that such a motion is subject to a strict standard, which requires the movant…

Read More Section 1981 Retaliation Claim Dismissed Against New Rochelle School District
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In Trail v. New York State Department of Corrections and Community Supervision, 17-cv-7273, 2020 WL 5504277 (SDNY Sept. 10, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim. [1]I discussed the court’s denial of defendants’ motion for summary judgment as to one aspect of plaintiff’s discrimination/disparate treatment…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In Trail v. New York State Department of Corrections and Community Supervision, 17-cv-7273, 2020 WL 5504277 (SDNY Sept. 10, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s disparate treatment discrimination claim under Title VII of the Civil Rights Act of 1964, relating to his claim that he suffered an “adverse…

Read More Harsher Punishment For Workplace Altercation Creates Issue of Fact as to Pretext; Summary Judgment Denied on Employment Discrimination Claim
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In Holmes v. YMCA of Yonkers, Inc., 19 CV 620 (VB), 2020 WL 85389 (SDNY Jan. 7, 2020), the court held, inter alia, that plaintiff sufficiently alleged employment discrimination based on gender (under Title VII of the Civil Rights Act of 1964) and age (under the Age Discrimination in Employment Act). The court summarized the…

Read More Title VII and ADEA Discrimination Claims Sufficiently Alleged; Complaint, While “Sparse”, Held Sufficient
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A recent decision, Jeanty v. Precision Pipeline Solutions, LLC, 18-CV-7721, 2019 WL 3532157 (SDNY Aug. 2, 2019), illustrates that Title VII of the Civil Rights Act of 1964 is not a general civility code for the American workplace. Here, the court, inter alia, dismisses plaintiff’s hostile work environment claim brought under the statute. To be…

Read More Uncivil? Maybe. “Hostile Work Environment”? No.
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From Gallagher v. Pepe Auto Group et al, 18-cv-3433, 2019 WL 801955 (SDNy Feb. 21, 2019): Here, the arbitration agreement, which provides, “Any dispute under this Agreement shall be resolved by binding arbitration,” is broad. Therefore, there is a presumption of arbitrability regarding plaintiff’s claims that arise under the Employment Agreement. Those claims include plaintiff’s…

Read More Employment Discrimination Claims (But Not Post-Termination Claims) Subject to Arbitration
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In Calise v. New York State Department of Motor Vehicles, 17-cv-791, 2018 WL 4350247 (S.D.N.Y. Sept. 12, 2018), plaintiff, a white woman, asserted claims of race discrimination – based on alleged mistreatment by her boss, who is black – under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, 42 U.S.C.…

Read More Title VII Race Discrimination Claim Survives Against NYS Dept. of Motor Vehicles
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In Calise v. New York State Department of Motor Vehicles, 17-cv-791, 2018 WL 4350247 (S.D.N.Y. Sept. 12, 2018), plaintiff, a white woman, asserted claims of race discrimination – based on alleged mistreatment by her boss, who is black – under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, 42 U.S.C.…

Read More Employment Discrimination Claims Against NYS Dept. Motor Vehicles Dismissed on Sovereign Immunity (Eleventh Amendment) Grounds
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In Murphy v. Wappingers Central School District, 15-cv-7460, 2018 WL 1831847 (S.D.N.Y. April 16, 2018), the court dismissed plaintiff’s hostile work environment claim. In sum, the court held that the alleged harasser (DeFazio) created an “abusive” environment for the plaintiff, but that plaintiff could not show that the harasser’s conduct should be imputed to the…

Read More Hostile Work Environment Claim Dismissed; While Conduct Was “Abusive” There Was No Basis For Imputing it to Employer
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In Kenney v. State of New York, Office of Children and Family Services, 16-cv-4522, 2017 WL 5633166 (S.D.N.Y. Nov. 20, 2017), the court dismissed plaintiff’s “quid pro quo” sexual harassment claim.[1]In the same opinion, the court denied defendants’ motion for summary judgment on plaintiff’s “hostile work environment” claim; I discussed that aspect of the decision…

Read More Court Dismisses “Quid Pro Quo” Sexual Harassment Claim; Tangible Employment Action Missing
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