June 2022

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In Everett v. New York City Department of Education et al, 2022 WL 2342693 (S.D.N.Y. June 29, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the black-letter law as follows: Title VII prohibits requiring people to work in…

Read More Hostile Work Environment Claim Dismissed; Allegations of Cursing, Mocking Accent and Hair Held Insufficient
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In Del Villar v. Hyatt Hotel Corporation et al., 19-CV-10891 (JMF), 2022 WL 2316205 (S.D.N.Y. June 28, 2022), the court granted Hyatt’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed Against Hyatt Hotel Corporation
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In Denson v. Donald J. Trump for President, Inc., 2022 NY Slip Op 03986 (N.Y. App. Div. 1st Dept. June 21, 2022), the Appellate Division, First Department affirmed the denial of plaintiff’s motion for partial summary judgment on her claim of retaliation under the New York City Human Rights Law. From the decision: The record…

Read More Dismissal of Retaliation Claim Against Trump Campaign Affirmed
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In Morales v. Supreme Maintenance Inc. et al, No. 1:21-cv-01044-KWR-JHR, 2022 WL 2290605 (D.N.M. June 24, 2022), the court denied defendant’s motion to dismiss plaintiff’s sexual harassment and retaliation claims. As to plaintiff’s retaliation claim, the court explained: Here, Plaintiff alleges that she engaged in protected activity by opposing sexual harassment by an employee at…

Read More Sexual Harassment, Retaliation Claims Survive Dismissal; Complaint Alleged Harassment by Non-Employee
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In Seemungal v. New York State Dept. of Financial Services, No. 151495/2021, 2022 WL 2191380 (N.Y. Sup Ct, New York County June 17, 2022), the court dismissed plaintiff’s claims for sex discrimination, retaliation, and hostile work environment under the New York State Human Rights Law. As to plaintiff’s discrimination claim, the court explained: As an…

Read More Sex Discrimination Claims Dismissed Against NYS Department of Financial Services
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In Pittman v. Yantiss et al, No. 151274/2020, 2022 WL 2238886 (N.Y. Sup Ct, New York County June 15, 2022), the court, inter alia, denied defendants’ motion to dismiss her claims of retaliation in violation of the New York State and City Human Rights Laws. (I addressed the court’s decision denying defendants’ motion to dismiss…

Read More Retaliation Claim Sufficiently Alleged: Pittman v. Yantiss et al
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In Pittman v. Yantiss et al, No. 151274/2020, 2022 WL 2238886 (N.Y. Sup Ct, New York County June 15, 2022), the court, inter alia, denied defendants’ motion to dismiss her claims of discrimination based on gender and familial/caregiver status in violation of the New York State and City Human Rights Laws. After determining that plaintiff…

Read More Sex/Gender, Pregnancy, Familial/Caregiver Status Discrimination Claims Survive Dismissal: Pittman v. Yantiss et al
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In Jaiteh v. Whole Foods Market Group, Inc., No. 154251/2021, 2022 WL 2191385 (N.Y. Sup Ct, New York County June 17, 2022) the court, inter alia, dismissed plaintiff’s race discrimination claims, asserted under the New York State and City Human Rights Laws, against defendant Whole Foods Market Group. Here are the facts, as summarized by…

Read More Race, Gender Discrimination Claims Dismissed Against Whole Foods
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In Gooch v. Electric Power Board of Metropolitan Nashville and Davidson County d/b/a Nashville Electric Service, No. 3:20-cv-01001, 2022 WL 2196267 (M.D.Tenn. June 17, 2022), the court held that plaintiff presented sufficient evidence to survive summary judgment on his race-based hostile work environment claim under 42 U.S.C. §§ 1981 and 1983. The court summarized the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Presence of Nooses
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In Roberts v. Tim Dahle Imports, Inc., 2022 WL 1773036 (D.Utah June 1, 2022), an employment discrimination case, the court granted defendant’s motion in limine to exclude evidence in the form of an EEOC Consent Decree. From the decision: Plaintiff offers the 2009 consent decree for a proper purpose to prove intent and motive to…

Read More EEOC Consent Decree Excluded From Evidence
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