Sovereign Immunity

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In Biondolillo v. Livingston Correctional Facility, 2023 WL 2612508 (W.D.N.Y. March 23, 2023), the court, inter alia, granted plaintiff’s motion for reconsideration and reinstated plaintiff’s claim of pregnancy discrimination asserted under the New York State Human Rights Law. The crux of the court’s decision is its determination that plaintiff clearly alleged, in her complaint, that…

Read More Pregnancy Discrimination Claim Resurrected on Reconsideration; Eleventh Amendment Defense Inapplicable
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In Doe v. Shippensburg University of Pennsylvania, 1:20-CV-01416, 2022 WL 676970 (M.D.Pa. March 7, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim asserted under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681. In sum, plaintiff Doe was a graduate student at,…

Read More Quid Pro Quo Sexual Harassment Claim Survives Summary Judgment Against Shippensburg University of Pennsylvania
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In Bonaffini v. City University of New York and Anne Lopes, 2021 WL 2895688 (E.D.N.Y. July 9, 2021), the court addressed an interesting issue, namely: whether an individual defendant may be liable for discrimination under the New York State and City Human Rights Laws, notwithstanding that their government employer is entitled to sovereign immunity. The…

Read More NYS and NYC Human Rights Law Discrimination Claims May Proceed Against Individual Provost, Notwithstanding CUNY’s Sovereign Immunity
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In Jean v. U.S. Equal Employment Opportunity Commission, 2020 WL 7321057 (S.D.N.Y. Dec. 3, 2020), the court dismissed a lawsuit filed against the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency responsible for administering various federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment…

Read More Sovereign Immunity Precludes Lawsuit Against EEOC Based on Alleged Mishandling of Investigation of Employment Discrimination Claim
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In Culler v. New York State Unified Ct. Sys., 2019 NY Slip Op 32134(U) (Sup. Ct. Kings Cty. July 7, 2019), the court, inter alia, dismissed plaintiff’s race discrimination and hostile work environment claims asserted under the New York City Human Rights Law on the grounds of sovereign immunity, explaining:[1]As noted by the court, the…

Read More NYCHRL Discrimination Claims Dismissed Against New York State Unified Court System
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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 Emengo v. State of New York, 2016 NY Slip Op 06734 (App. Div. 1st Dept. Oct. 13, 2016), the court modified a lower court ruling and held that plaintiff sufficiently alleged race/national origin discrimination and retaliation under the New York State Human Rights Law. As to plaintiff’s discrimination claim, the court explained: Plaintiff’s allegations are…

Read More Race/National Origin Discrimination and Retaliation Claims Survive Dismissal
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