SDNY

A recent decision, Ellis v. New York City Department of Education, 2020 WL 1166056 (S.D.N.Y. March 11, 2020), illustrates that in order to properly plead a hostile work environment claim under Title VII of the Civil Rights Act of 1964, merely invoking the words “abuse” and “hostile” to describe one’s work situation is not enough.…

Read More Hostile Work Environment Claim Insufficiently Alleged Against NYC Department of Education, Court Holds

In Morales v. City of New York, New York Presbyterian Hospital, Columbia University Medical Center et al, 2020 WL 1150136 (S.D.N.Y. March 10, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation that defendants’ motions to dismiss plaintiff’s aiding and abetting discrimination and hostile work environment sexual harassment and retaliation. This case…

Read More Hostile Work Environment Sexual Harassment and Retaliation Claims Survive Dismissal

In Cunningham v. New York Junior Tennis League, Inc., 18-CV-1743, 2020 WL 916964 (S.D.N.Y. Feb. 26, 2020), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims. After summarizing the legal standards for hostile work environment claims under federal, state, and city law, the court applied the law…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Relate to the Neighborhood” Comment Deemed Insufficient

In Adeniji v. U.S. Department of Commerce Census Bureau NY Regional Office, 2020 WL 882166 (S.D.N.Y. 2020), the court dismissed the claims by plaintiff – a Census Bureau employee – for employment discrimination. Initially, the court dismissed plaintiff’s claims of discrimination under 42 U.S.C. § 1981, the NYS Human Rights Law, and the New York…

Read More Census Bureau Employee’s Employment Discrimination Claims Dismissed

In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff failed to state claims for race and national origin discrimination. (The court did find, however, that plaintiff sufficiently alleged a hostile work environment claim.) The court noted, in particular, that “although [plaintiff’s complaint] does…

Read More Notwithstanding “Deplorable” Racially-Disparaging Remarks, Court Dismisses Race and National Origin Discrimination Claims

In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff sufficiently alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged that, throughout his time working at the Printing Center he was…

Read More Hostile Work Environment Claim Sufficiently Alleged by Hispanic Plaintiff

In Sivio v. Village Care Max, 18-cv-2408, 2020 WL 497513 (S.D.N.Y. January 31, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim. Initially, the court found that a reasonable jury could find that defendant improperly failed to accommodate plaintiff’s disability. It next turned to plaintiff’s disability discrimination claim,…

Read More Disability Discrimination Claim Survives Summary Judgment Against Village Care Max

In Pratt v. Megan J. Brennan, Postmaster General et al, 2020 WL 364195 (S.D.N.Y. Jan. 22, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: Here, Plaintiff has failed to plausibly allege a hostile work environment claim. Plaintiff argues that the Amended Complaint includes “allegations of harassing and discriminatory conduct,”…

Read More Hostile Work Environment Claim Dismissed Against U.S. Postal Service

In Valerio v. City of New York, 18-cv-11130, 2020 WL 353749 (S.D.N.Y. Jan. 21, 2020), the court, inter alia, held that plaintiff sufficiently alleged claims of employment discrimination – based on his national origin, race, and color – in violation of Title VII of the Civil Rights Act of 1964 and the New York State…

Read More NYPD Corrections Officer’s Title VII Disparate Treatment Claim Survives Dismissal; “Adverse Employment Action” Sufficiently Alleged