November 2022

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In Matthews v. New Light, Inc., Civil Action No. 22-427, 2022 WL 11966542 (W.D.Pa. October 20, 2022), the court, inter alia, dismissed plaintiff’s discrimination claim asserted under the Americans with Disabilities Act, on the ground that plaintiff’s claimed medical condition, pregnancy, is not a “disability” within the meaning of that statute. From the decision: Here,…

Read More Court Dismisses ADA Discrimination Claim; Uncomplicated Pregnancy Was Not a “Disability” Under the Statute
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In Sheerer v. Angiodynamics, 2022 WL 17074913 (Sup. Ct. Warren Cty. Nov. 18, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s disability-based hostile work environment claim. From the decision: Insofar as the third cause of action is concerned, “[a] hostile work environment claim requires proof of a workplace ‘permeated with…

Read More Hostile Work Environment Claim, Based on Alleged Conduct by “Bully”, Dismissed on Summary Judgment
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In Steinberg v. Vidal, No. 22-CV-04971 (JMA) (AYS), 2022 WL 16744932 (E.D.N.Y. Nov. 7, 2022), the court denied plaintiff’s motion to amend his complaint to assert a claim against the defendant – the Director of the United States Patent and Trademark Office – under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.…

Read More ADA Disability Discrimination Claim Against Government Agency
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In Gabin v Greenwich House, No. 155015/21, 16651, 2022-00210, 2022 N.Y. Slip Op. 06428, 2022 WL 16935706 (N.Y.A.D. 1 Dept., Nov. 15, 2022), the court reversed a lower court decision dismissing plaintiff’s age discrimination claims under the New York State and City Human Rights Laws. The court explained that plaintiff’s claim was timely, in light…

Read More Age Discrimination Claims’ Timeliness Dismissal Reversed; Tolls Applied
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In Klymn v. Monroe County Supreme Court et al, 2022 WL 16950048 (W.D.N.Y. Nov. 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted against a former New York State Supreme Court Judge. As to the sufficiency of the allegations, the court explained: Lastly, having…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Former Judge; Acts Dating Back to 2005 May be Considered
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In Hribovsek v. United Cerebral Palsy of New York City, No. 152849/2017, 2022 WL 16924073 (N.Y. Sup Ct, New York County Nov. 14, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race and national origin discrimination, as well as her claims of hostile work environment, under the New…

Read More Discrimination Claims, Based in Part on Mocking of Slovenian Accent, Survive Summary Judgment
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In Matewos v. National Beverage Corporation, 2022 WL 13763262 (Wash.App. Div. 1 Oct. 24, 2022), the court, inter alia, reversed the lower court’s summary judgment dismissal of plaintiff’s claim of a race-based hostile work environment under the Washington Law Against Discrimination. From the decision: Shasta argues Cannady and Roberts failed to raise a genuine issue…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racist Graffiti
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In Abubakar v. Walmart, Inc., Case No. 21-cv-06248, 2022 WL 14632902 (N.D.Ill. Oct. 25, 2022), the court granted defendant’s motion to dismiss plaintiff’s claims of discrimination based on color, age, national origin, religion, and race. From the decision: Walmart contends that Abubakar failed to state facially plausible claims for discrimination based on color, age, national…

Read More Discrimination Claims Dismissed Against Walmart; Alleged Translation Requests Etc. Deemed Insufficient
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In Taylor v. Kaiser Foundation Health Plan of Colorado, No. 21-cv-00012-NYW-NRN, 2022 WL 16855697 (D.Colo. Nov. 10, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of a race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds that…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment, Notwithstanding Lack of “Overt” Racial Statements or Slurs
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In Estevez v. Berkeley College et al, 2022 WL 16843460 (2d Cir. Nov. 10, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: With respect to the Employees’…

Read More 2nd Circuit Affirms Dismissal of Hostile Work Environment Claims Against Berkeley College
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