72 Cited authorities

Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,674 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
Faragher v. Boca Raton
524 U.S. 775 (1998) Cited 9,495 times 101 Legal Analyses
Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough
Nat'l Hockey League v. Met. Hockey Club
427 U.S. 639 (1976) Cited 2,839 times 2 Legal Analyses
Holding that dismissal was proper sanction under Rule 37 where respondents failed to answer interrogatories for seventeen months
Terry v. Ashcroft
336 F.3d 128 (2d Cir. 2003) Cited 2,752 times 1 Legal Analyses
Holding that plaintiff raised question of pretext by adducing evidence, inter alia, that "his supervisors transferred him in order to induce him to resign"
Lucente v. International Bus. Machines Corp.
310 F.3d 243 (2d Cir. 2002) Cited 1,491 times 2 Legal Analyses
Holding that the New York rule does not apply in breach of contract cases
Cruz v. Coach Stores, Inc.
202 F.3d 560 (2d Cir. 2000) Cited 1,608 times 2 Legal Analyses
Holding that the plaintiff was not similarly situated to certain of her co-employees because the plaintiff had "engaged in a physical fight," while her co-employees' "behavior . . . involved words only"
Williams v. N.Y. City Hous. Auth
61 A.D.3d 62 (N.Y. App. Div. 2009) Cited 1,072 times 17 Legal Analyses
Holding that the continuing violation doctrine did not apply to plaintiff's NYCHRL claim because plaintiff failed to allege any "actionable conduct during the limitations period"
Galabya v. New York City Bd. of Educ
202 F.3d 636 (2d Cir. 2000) Cited 1,401 times
Holding that teacher's reassignment from a "special education, junior high school keyboarding class" to a "mainstream high school keyboarding class" was not an adverse employment action, as there was no evidence reassignment could "constitute a setback to the plaintiff's career"
Richardson v. New York State Dept. of Corr
180 F.3d 426 (2d Cir. 1999) Cited 1,239 times 2 Legal Analyses
Holding one month between service of deposition notices in plaintiff's Title VII lawsuit and the employer's abusive acts sufficient to establish a causal link between the lawsuit and the adverse actions
Petrosino v. Bell Atl.
385 F.3d 210 (2d Cir. 2004) Cited 1,010 times 4 Legal Analyses
Holding that images in the workplace "that conveyed a low regard for women" supported the plaintiff's hostile work environment claim
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 361,353 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 9,084 times 101 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”
Section 203 - Definitions
29 U.S.C. § 203 Cited 7,019 times 280 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
Section 296 - [Effective Until 3/22/2025] Unlawful discriminatory practices
N.Y. Exec. Law § 296 Cited 4,822 times 25 Legal Analyses
Making it "an unlawful discriminatory practice [under state law] for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or to attempt to do so"

Copantitla et al v. Fiskardo Estiatorio, Inc. et al

72 Cited authorities

Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

Holding that dismissal was proper sanction under Rule 37 where respondents failed to answer interrogatories for seventeen months

Holding that plaintiff raised question of pretext by adducing evidence, inter alia, that "his supervisors transferred him in order to induce him to resign"

Holding that the New York rule does not apply in breach of contract cases

Holding that the plaintiff was not similarly situated to certain of her co-employees because the plaintiff had "engaged in a physical fight," while her co-employees' "behavior . . . involved words only"

Holding that the continuing violation doctrine did not apply to plaintiff's NYCHRL claim because plaintiff failed to allege any "actionable conduct during the limitations period"

Holding that teacher's reassignment from a "special education, junior high school keyboarding class" to a "mainstream high school keyboarding class" was not an adverse employment action, as there was no evidence reassignment could "constitute a setback to the plaintiff's career"

Holding one month between service of deposition notices in plaintiff's Title VII lawsuit and the employer's abusive acts sufficient to establish a causal link between the lawsuit and the adverse actions

Holding that images in the workplace "that conveyed a low regard for women" supported the plaintiff's hostile work environment claim

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Asking only whether the alleged inequality resulted from “any other factor other than sex”

Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

Making it "an unlawful discriminatory practice [under state law] for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or to attempt to do so"