2022

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In Minor v. Home Depot U.S.A., Inc., No. 152483/2022, 2022 WL 4552071 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed – for lack of subject matter jurisdiction – plaintiff’s claims of sexual orientation and gender discrimination asserted under the New York City Human Rights Law. The court explained: Even accepting the…

Read More NYC Human Rights Law Sexual Orientation, Gender Discrimination Claims Dismissed; “Tangential Connections” to NYC Insufficient to Confer Subject Matter Jurisdiction
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In Stancu v. New York City/Parks Dept., 20-CV-10371(ALC), 2022 WL 4581844 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To establish a hostile work environment … a plaintiff must show…

Read More Religion-Based Hostile Work Environment Claim Sufficiently Alleged
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In Cadet v. Alliance Nursing Staffing of New York, Inc., No. 21 Civ. 3994, 2022 WL 4584246 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, held that plaintiff – a former home health aide – sufficiently alleged a race-based hostile work environment under 42 U.S.C. § 1981 and the New York City Human Rights Law.…

Read More Racially Hostile Work Environment Claim Sufficiently Alleged, Against Alliance Nursing Staffing of New York, by Black Home Health Aide Based on Alleged Conduct of Elderly Client
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In McMillian v. New York City Taxi and Limousine Commission et al, No. 20-cv-5722 (LDH), 2022 WL 4539689 (E.D.N.Y. Sept. 28, 2022), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim. From the decision: Defendants argue that Plaintiff’s hostile work environment claim should be dismissed because Plaintiff does not provide any concrete examples…

Read More Title VII Hostile Work Environment Claim, Lacking Connection to Gender, Dismissed
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In a recent case, Walker v. United Parcel Service, Inc., 2022 WL 4474248 (M.D.Ga. Sept. 26, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff presented enough evidence to create a triable issue of fact as to whether the…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; No Basis for Imputing Liability to Employer
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In Myers v. Inspector Mary Christine Doherty et al, 2022 WL 4477050 (2d Cir. Sept. 27, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal (for failure to state a claim) of plaintiff’s hostile work environment claim asserted under 42 U.S.C. § 1983 (the analysis of which parallels the evaluation of…

Read More Hostile Work Environment Dismissal Affirmed; Conduct, Though Unpleasant, Was Too Sparse to be Actionable
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In Matias v. Montefiore Medical Center et al, No. 20-CV-2849 (VEC), 2022 WL 4448585 (S.D.N.Y. Sept. 23, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s claim of religion-based hostile work environment. From the decision: Defendants argue that Plaintiff has not identified any sufficiently severe or pervasive statements or conduct that would constitute…

Read More Catholic’s Religion-Based Hostile Work Environment Claim Dismissed; “Run of the Mill” Workplace Disputes Were Not Actionable
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In Lebowitz et al v. New York City Dept. of Educ., No. 526062/20, 2022 WL 4357086 (N.Y. Sup Ct, Kings County Sep. 16, 2022), the court, inter alia, denied defendant’s motion for summary judgment as to two Sheepshead Bay High School teachers. After concluding that summary judgment was warranted on one teacher’s claims, it reached…

Read More Age Discrimination Claims, Based on Statistical Evidence, Survives Summary Judgment Against the NYC Dept. of Education
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In Lee v. Independent Mechanical, Inc., No. 160681/2017, 2022 WL 4117326, 2022 N.Y. Slip Op. 33032(U) (N.Y. Sup Ct, New York County Sep. 09, 2022), the court , inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: Even one racial epithet is inexcusable. A racially hostile work environment…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal
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In a recent decision, captioned Cannon v. Communication Components, Inc. et al, No. 2:20-cv-01626 (WJM), 2022 WL 4300247 (D.N.J. Sept. 19, 2022), the court, inter alia, denied defendants’ motion for summary judgment as to plaintiff’s claim of hostile work environment sexual harassment asserted under the Washington Law of Discrimination (WLAD). From the decision: Upon reviewing…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Attempted Kiss and Strip Club Visits
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