May 2022

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In Douglas v. Cruise Yacht Op. Co. Ltd. et al, 2022 WL 1719312 (S.D.Fla. May 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged a disparate treatment race discrimination claim. From the decision: According to the United States Supreme Court, “ ‘[d]isparate treatment’…is the most easily understood type of discrimination. The employer simply…

Read More Race Discrimination Claim Sufficiently Alleged; Discriminatory Motive Need Not Be Proven at the Pleading Stage
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In Logan v. Millstone Manor LLC et al, 20-14433 (MAS) (TJB), 2022 WL 1720172 (D.N.J. May 27, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. (The court also dismissed plaintiff’s “quid pro quo” sexual harassment claim.) From the decision: Viewing the evidence in a light most favorable to Logan, his…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; “High Bar” Not Met
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In Surgeon v. Midas Hospitality, LLC, 3:22-cv-115-MOC-DSC, 2022 WL 1697409 (W.D.N.C. May 26, 2022), the court granted defendant’s motion to dismiss plaintiff’s harassment/hostile work environment claims, asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act, due to plaintiff’s failure to exhaust her administrative remedies at the…

Read More Hostile Work Environment Claim Dismissed as Not Administratively Exhausted
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In Grazette v. Manpower et al, 21-CV-4296 (LTS), 2022 WL 1556192 (S.D.N.Y. May 16, 2022), the court dismissed plaintiff’s employment discrimination claims as insufficiently alleged. From the decision: At the pleading stage in an employment discrimination action, “a plaintiff must plausibly allege that (1) the employer took adverse employment action against him, and (2) [a…

Read More Employment Discrimination Claims Insufficiently Alleged; Federally-Protected Class Unidentified
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In Harris v. Sam’s East, Inc., 4:20-CV-176 (CDL), 2022 WL 1631963 (M.D.Ga. May 23, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim for retaliation under Title VII of the Civil Rights Act of 1964. This case illustrates that a retaliation claim may survive, even though the underlying claim –…

Read More Retaliation Claim, Arising From Complaints of Sexual Harassment, Survives Summary Judgment
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In Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of retaliatory discharge in violation of New York’s general whistleblowing statute, NY Labor Law § 740.…

Read More Whistleblower (NY Labor Law § 740) Claim, Arising From Discharge Following Complaint of PPE Price-Gouging, Survives Dismissal
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In Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of gender discrimination and hostile work environment under the New York State and City Human Rights…

Read More Sex/Gender Harassment & Hostile Work Environment Claims Survive Against CareandWear II, Inc.
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In Chen v. Jewish Bd. of Family and Children’s Services, Inc., No. 525625/18, 2022 WL 1540178 (N.Y. Sup Ct, Kings County May 13, 2022), the court dismissed, on summary judgment, plaintiff’s claims of gender discrimination and hostile work environment asserted under the New York City Human Rights Law. As to plaintiff’s discrimination claim, the court…

Read More Sex/Gender-Based Hostile Work Environment Claim Dismissed; “Insensitive” Comments Amounted to “Petty Slights and Trivial Inconveniences”
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In Hunley v. DTLR Villa, Inc., 22-CV-6010L, 2022 WL 1447737 (W.D.N.Y. May 9, 2022), the court granted defendant’s motion to dismiss plaintiff’s discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. This case teaches that a plaintiff may not prevail on such a claim by merely alleging that (a)…

Read More Title VII Sex/Race-Based Discrimination, Retaliation Claims Dismissed; Link Between Protected Class(es) and Adverse Action Was Lacking
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In Brager v. Quality Bldg. Services Corp., No. 155832/2021, 2022 WL 1599529 (N.Y. Sup. Ct. NY Cty. May 20, 2022), the court, inter alia, dismissed plaintiff’s age and national origin-based hostile work environment claim as insufficiently pled. As to plaintiff’s age discrimination claim, the court explained: Plaintiff’s allegations regarding the alleged hostile work environment related…

Read More Hostile Work Environment Claims Insufficiently Alleged; Being Jewish Was Not a “National Origin” Category
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