In Franchitti v. Cognizant Technology Solutions Corp., 21-CV-2174 (JMF), 2022 WL 2657171 (S.D.N.Y. July 8, 2022), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. From the decision: As noted, Franchitti brings a…
Read More Retaliation Claims, Based on Withdrawal of Settlement, DismissedIn Gough v. Remedy Partners, LLC, No. 650623/2020, 2022 WL 2612436 (N.Y. Sup Ct, New York County July 07, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of age discrimination asserted under the New York State and City Human Rights Laws. From the decision: The complaint alleges that plaintiff was terminated…
Read More Age Discrimination Sufficiently Alleged; Plaintiff Was Terminated and Replaced by Employee 10 Years YoungerIn Karpaitis v. Mandal’s, Inc., 21-cv-305, 2022 WL 2445004 (S.D. Miss. July 5, 2022), the court, inter alia, dismissed plaintiff’s quid pro quo sexual harassment claim. From the decision: [A] quid pro quo sexual harassment claim requires that the plaintiff suffer a tangible employment action for her refusal to submit to a supervisor’s sexual demands. Ellerth,…
Read More “Quid Pro Quo” Sexual Harassment Claim Dismissed, Notwithstanding “Flirtatious, Offensive, and Altogether Inappropriate” CommentsIn Karpaitis v. Mandal’s, Inc., 21-cv-305, 2022 WL 2445004 (S.D. Miss. July 5, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff also alleges that she was terminated for engaging in the protected activity of reporting…
Read More Retaliation Claim, Arising From Sexual Harassment Report, Survives DismissalIn Valentia Villetti, Faiza Jibril, M.D. v. Guidepoint Global LLC, 21-2059-cv, 2022 WL 2525662 (2d Cir. July 7, 2022), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s summary judgment on plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State…
Read More Retaliation Claims Survive Summary Judgment; Court Cites Temporal Proximity Between Complaints and Termination and Inconsistent Explanations For TerminationIn Cunliffe v. Sandberg, No. 150610/2022, 2022 WL 2343202 (N.Y. Sup Ct, New York County June 28, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim that defendant failed to comply with the New York Labor Law’s wage notice requirement, codified at NYLL § 195(3). (I addressed that portion of the court’s…
Read More NY Labor Law Wage Notice Claim Survives DismissalIn Cunliffe v. Sandberg, No. 150610/2022, 2022 WL 2343202 (N.Y. Sup Ct, New York County June 28, 2022), the court, inter alia, held that plaintiff sufficiently alleged color discrimination in violation of the New York State Human Rights Law (NYSHRL). This decision is interesting and instructive, for at least the reason that it is one…
Read More Alleged “Poop Face” Comment Sufficient to State Color Discrimination Claim Under Recently-Amended NYS Human Rights Law, Court HoldsIn a recently-filed lawsuit, captioned Equal Employment Opportunity Commission v. Aurora Renovations and Developments, LLC d/b/a Aurora Pro Services, M.D. North Carolina, 1:22-cv-00490 (June 27, 2022), the EEOC asserts religion-based discrimination under Title VII of the Civil Rights Act of 1964. In the complaint, the EEOC alleges, inter alia, that one employee (McGaha) “was terminated…
Read More EEOC Religious Discrimination Lawsuit Against Aurora Renovations and DevelopmentsIn Matter of Martinez v City of New York, 2022 NY Slip Op 04096 (NY App. Div. 1 Dept. June 23, 2022), the court unanimously (yet tersely) affirmed the dismissal of plaintiff’s claims of employment discrimination. From the decision: Petitioner failed to show by competent proof that ACS terminated his employment in bad faith, or…
Read More ACS’ Employee’s Discrimination Claims’ Dismissal AffirmedIn Alwan v. Rustic Gem, LLC, 1:21-cv-01508, 2022 WL 1591299 (N.D.Ohio May 18, 2022), the court held that plaintiff sufficiently alleged a unlawful retaliation under Title VII of the Civil Rights Act of 1964 and Ohio law, arising from plaintiff’s complaints of sexual harassment. The court summarized the black-letter law as follows: To make out…
Read More Retaliation Claim, Arising From Complaints of Sexual Harassment, Survives Dismissal