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 VehiclesIn 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) GroundsIn 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 EmployerIn 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 MissingIn 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 granted in part and denied in part defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. In sum, plaintiff asserted claims of “hostile work environment” and “quid pro quo” sexual harassment…
Read More Hostile Work Environment Claim, Arising From Conduct of Non-Supervisor Co-Worker, Survives Summary JudgmentIn Parra v. City of White Plains et al, No. 13 CV 5544 (VB), 2016 WL 4734666 (S.D.N.Y. Sept. 9, 2016), the court denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim (but granted it with respect to plaintiff’s retaliation claim). In sum, plaintiff – a police officer – alleges that two…
Read More Police Officer’s Sexual Harassment / Hostile Work Environment Claim Survives Summary JudgmentIn Franchino v. Roman Catholic Archdiocese of New York, No. 15 CV 6299 (VB), 2016 WL 3360525, at (S.D.N.Y. June 15, 2016), the court dismissed plaintiff’s complaint for discrimination on the basis of gender, ethnicity, national origin, and age under Fed. R. Civ. P. 12(b)(6) for failure to state a claim. In dismissing his Title VII…
Read More SDNY Dismisses Employment Discrimination Complaint Asserting Unequal Discipline and Age-Related Jokes and CommentsShawn Bickham just wanted a Coke. He got one from the fridge and started drinking. After he had finished about half the can, he “felt something get caught in his throat” which “felt like something poking and something just stuck, lodged [in his throat].” It turned out that the object was a non-metallic “dried, brittle…
Read More Case Arising From Ingestion of “Dried, Brittle Mass” From Coke Can Survives Summary Judgment Under “Res Ipsa Loquitur” TheoryIn Parra v. City of White Plains (decided Sept. 4, 2014), the Southern District of New York held that plaintiff plausibly alleged some, but not other, claims of discrimination. Plaintiff, a Hispanic female police officer, alleged that defendants subjected her to a hostile work environment based on sexual harassment, retaliated against her for complaining about the…
Read More Pairing Harassment Victim With Harassers Was Unreasonable, Supporting Vicarious Liability in Police Officer’s Sexual Harassment/Hostile Work Environment CaseA recent Southern District of New York decision, Fitzgerald v Signature Flight Support Corp., 13 CV 4026 VB, 2014 WL 3887217 [SDNY Aug. 5, 2014], is illustrative of how a plaintiff may plausibly allege age discrimination under the Age Discrimination in Employment Act of 1967. There was no dispute that plaintiff satisfied the first three elements…
Read More Selective Enforcement of “Sleeping on the Job” Rules Plausibly Supports Age Discrimination Claim