Plaintiff Defeats Summary Judgment (Employment Discrimination/Pretext)

In Kwong v. City of New York, No. 152932/2013, 2020 WL 7360816 (N.Y. Sup Ct, New York County Dec. 15, 2020), the court, inter alia, denied defendants’ motion for summary judgment on his national origin discrimination claim asserted under the New York City Human Rights Law. As to whether plaintiff suffered an “adverse employment action”,…

Read More National Origin (Chinese) Discrimination Claim Survives Summary Judgment; Evidence Included Derogatory References to Chinese Food, Accent
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n Rosalie v. Supreme Glass Co., Inc., 18-CV-02064, 2020 WL 6263311 (EDNY Oct. 23, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. (The court also denied…

Read More Wrongful Termination Claim, Based on Plaintiff’s Gender and Sexual Orientation, 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 Kornmann v. City of New York Business Integrity Commission, 2020 WL 3165537 (E.D.N.Y. June 15, 2020), the court, inter alia, denied defendants’ motion for summary judgment seeking dismissal of plaintiff’s claim of disability discrimination. From the decision: For purposes of this motion, defendants do not dispute that plaintiff has satisfied the first three factors…

Read More Disability Discrimination Case Survives Summary Judgment Against City of New York Business Integrity Commission
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In Bateman v. Montefiore Med. Ctr., 2020 NY Slip Op 02969 (App. Div. 1st Dept. May 21, 2020), the court unanimously modified a lower court Order so as to deny defendants’ motion for summary judgment dismissing plaintiff’s claims for employment discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws.…

Read More Race Discrimination, Hostile Work Environment, Retaliation Claims Resurrected From Summary Judgment Dismissal Against Montefiore Medical Center
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In Brown v. Montefiore Medical Center et al, 15-cv-724, 2019 WL 4738911 (S.D.N.Y. Sept. 29, 2019) – a race discrimination case – the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff, a nursing attendant who…

Read More Race Discrimination Case Survives Summary Judgment; Jury Question Existed as to Whether Allegedly Biased Supervisor Played “Meaningful Role” in Plaintiff’s Termination
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In Irons v. The City of New York, 16-cv-3708, 2019 WL 3752870 (EDNY Aug. 8, 2019), the court, inter alia,[1]As with many blog posts, here I have addressed only a subset of this lengthy and detailed decision; the reader is encouraged to review the decision in its entirety. denied defendant City’s motion for summary judgment…

Read More NYPD Sergeant’s Race, Gender Discrimination Claims Survive Summary Judgment
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In Kinney v. Duane Reade Inc., No. 150713/17, 2019 WL 2995809, 2019 N.Y. Slip Op. 31948(U) (N.Y. Sup Ct, New York County July 09, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of discriminatory failure to promote and termination. Plaintiff, who is white and openly gay, worked for Duane…

Read More Race/Sexual Orientation Discrimination Case Against Duane Reade Survives Summary Judgment
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In Moza v. NYC Health and Hospitals Corp., No. 17-1051-cv, 2019 WL 1594782 (2d Cir. April 15, 2019) (Summary Order), the Second Circuit vacated the lower court’s order granting summary judgment on plaintiff’s race/ethnicity/national origin discrimination claims. After the court summarized the 3-step McDonnell Douglas burden-shifting framework for analyzing discrimination claims (the so-called “pretext” approach),…

Read More Pretext Shown; Race Discrimination Case Resurrected From Summary Judgment
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