2022

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In Parker v. Israel Discount Bank of New York, Inc., No. 21-CV-7196 (VEC), 2022 WL 16833626 (S.D.N.Y. Nov. 9, 2022), the court discussed and applied the “administrative exhaustion” requirement for asserting a claim in court under Title VII of the Civil Rights Act of 1964. Specifically, it denied plaintiff’s motion to amend her complaint to…

Read More “Passing References” to Gender in EEOC Charge Insufficient to Exhaust Administrative Remedy; Leave to Amend Complaint Denied as Futile
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In Jackson v. Beacon City School District, No. 19-CV-08164 (PMH), 2022 WL 17904563 (S.D.N.Y. Dec. 23, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: With respect to Plaintiff’s hostile work environment claim, Plaintiff has failed…

Read More Delayed Paycheck Insufficient to Make Out Hostile Work Environment Claim, Court Holds
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A recent decision, Dominguez v. Malecon Shipping, Inc., 2022 NY Slip Op 07221 (N.Y. App. Div. 2nd Dept. Dec. 21, 2022), illustrates what happens, procedurally, when a defendant’s answer is stricken. From the decision: In May 2018, the plaintiff commenced this action, inter alia, to recover unpaid wages, and damages for violations of the Labor…

Read More Sex Discrimination Case Should Have Been Limited to Damages Only Following Stricken Complaint, Court Holds
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In Gazaway v. Rims USA LLC d/b/a RNR Tire Express, No. 1:21-cv-44, 2022 WL 17869144 (E.D.Tenn. Dec. 22, 2022), the court, inter alia, held that plaintiff presented sufficient facts such that a reasonable jury could conclude she was subjected to sexual harassment (of the “hostile work environment” type), as well as whether defendant may successfully…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Lewd Snapchat Messages
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In Alkins v. City of New York, No. 160778/2021, 2022 WL 17811985, 2022 N.Y. Slip Op. 34284(U) (N.Y. Sup Ct, New York County Dec. 19, 2022), the court, inter alia, held that plaintiff sufficiently alleged claims for race discrimination under the New York State and City Human Rights Laws. From the decision: The Amended Complaint…

Read More Race Discrimination Claims, Based on Denial of Work-From-Home Request, Sufficiently Alleged
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In Mauro v. New York City Department of Education, No. 21-2671, 2022 WL 17844438 (2d Cir. Dec. 22, 2022), the court vacated the district court’s order dismissing plaintiff’s race discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, for failure to state a claim. This decision illustrates the (relatively) low burden…

Read More Race Discrimination Claim Sufficiently Alleged; “Poor Fit” Comments Supported Allegations
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In Miller v. Longs Drugs d/b/a CVS Health, 2:22-cv-01150-JAD-VCF, 2022 WL 17721205 (D. Nev. Dec. 15, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964. From the decision: Miller alleges that the CVS Health discriminated against her based on her race. To…

Read More Race Discrimination Claim Sufficiently Alleged Against CVS Health, Court Holds
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In Christmas House USA, Inc. v. Christmasland Experience LLC et al, No. 22 CV 7691 (GRB), 2022 WL 17852025 (E.D.N.Y. Dec. 22, 2022), the court considered claims of trade secrets misappropriation, trademark infringement, breach of contract and tortious interference with business relationships. The plaintiff, which operates “a fully immersive Christmas-themed experience,” asserts such claims against…

Read More Christmas Business’ Injunction Request Denied
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In Garrison v. American Sugar Refining, Inc. et al, 21 CV 10917 (VB), 2022 WL 17850891 (S.D.N.Y. Dec. 22, 2022), the court held that plaintiff sufficiently alleged a race-based hostile work environment claim against defendants under the New York State Human Rights Law, but not under federal law (Title VII of the Civil Rights Act…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Under State, But Not Federal, Law
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In Mahoney v. City of Albany, No. 534635, 2022 WL 17835340 (N.Y.A.D. 3 Dept. Dec. 22, 2022), the court, inter alia, held that plaintiff’s claim of sexual harassment may proceed against an individual defendant. From the decision: Viewing the evidence in a light most favorable to plaintiff, as required on defendants’ motion for summary judgment…

Read More Sexual Harassment Claim Against Individual Defendant, Based on Sexual Comments, Proceeds
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