November 2021

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In Fried v. Wynn Las Vegas, LLC, 20-15710, 2021 WL 5366989 (9th Cir. (Nev.) Nov. 18, 2021), the court reversed and remanded a district court decision granting defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff, a male manicurist…

Read More Sexual Harassment Hostile Work Environment Claim Survives Against Wynn Hotel
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In Clinard v. Washington Regional Medical Center, 5:20-CV-05188, 2021 WL 4776694 (W.D. Ark. 2021), the court, inter alia, dismissed plaintiff’s claim of hostile work environment sexual harassment, finding that the alleged harassment was not “severe or pervasive”, which is the standard under Title VII of the Civil Rights Act of 1964. From the decision: Here,…

Read More Sexual Harassment (Hostile Work Environment) Claim Dismissed; “Dirty Looks” Insufficient
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In Ulffe v. City of New York, No. 158073/2020, 2021 WL 5312177 (N.Y. Sup Ct, N.Y. Cty., Nov. 02, 2021), the court ruled on plaintiff’s motion to amend his complaint regarding several claims of unlawful discrimination. While the court held that plaintiff’s proposed amended complaint failed to state a claim as to various claims (and…

Read More “Too Old to Teach”: Proposed Age Discrimination Claim Sufficiently Alleged; Motion to Amend Complaint Granted
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On November 16, 2021, Congress held a hearing at which several victims of sexual harassment/assault – including actor Eliza Dushku – testified about their negative experiences with forced arbitration. Their stories are horrific; their bravery admirable. While New York has enacted legislation (Section 7515 of the Civil Practice Law & Rules) to curb forced arbitration…

Read More Sexual Harassment/Assault Victims Testify Against Forced Arbitration
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In Knope v. Merrick B. Garland et al, 20-cv-3274, 2021 WL 5183536 (2d Cir. Nov. 9, 2021), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sex- and disability-based hostile work claims asserted under Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act, respectively.…

Read More Hostile Work Environment Claims Properly Dismissed; “Sporadic Conflicts” Insufficient
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In Rosen v. N.Y.C. Department of Education, et al., 18-cv-06670, 2021 WL 5279396 (S.D.N.Y. Nov. 12, 2021), an age discrimination case, the court granted plaintiff’s motion to compel a deposition of a non-party witness, namely, plaintiff’s alleged (younger) “comparator.” In sum, plaintiff alleges (among other things) that the majority of her teacher duties were assigned…

Read More Age Discrimination Plaintiff’s Motion to Compel Deposition Testimony of Comparator Granted
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In Dolac v. County of Erie et al, 2021 WL 5267722 (2d Cir. Nov. 12, 2021), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s claim for “associational discrimination” asserted under the Americans with Disabilities Act. The court summarized the general law as follows: [The ADA prohibits, among…

Read More Dismissal of ADA “Associational” Disability Discrimination Claim Affirmed
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In Martinez v. City of Union City, Union City Police Department et al, Civ. No. 21-11111, 2021 WL 5195708 (D.N.J. Nov. 8, 2021), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim for sex discrimination under Title VII of the Civil Rights Act of 1964. (The court did, however, find that plaintiff sufficiently…

Read More Sex Discrimination Claim Dismissed; No “Adverse Action” Alleged
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In Martinez v. City of Union City, Union City Police Department et al, Civ. No. 21-11111, 2021 WL 5195708 (D.N.J. Nov. 8, 2021), the court, inter alia, held that plaintiff sufficiently alleged “hostile work environment” sexual harassment under Title VII of the Civil Rights Act of 1964. The court outlined the legal requirements for this…

Read More Sexual Harassment Hostile Work Environment Claim Plausibly Alleged; Evidence Included “Malicious Rumors”
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In Govender v. Brooklyn Immunotherapeutics LLC, No. 650847/2021, 2021 WL 5234682 (N.Y. Sup Ct, NY Cty. Nov. 09, 2021), an employment discrimination case, the court granted defendant’s motion to compel arbitration and to stay the action. From the decision: Plaintiff’s affirmation highlights that the arbitration clause is void under CPLR 7515 as it would require…

Read More Employment Discrimination Arbitration Agreement Not Subject to Invalidation on the Ground of Prohibitive Cost
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