2022

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In Bell v. SL Green Realty Corp., 19 Civ. 8153 (LGS), 2022 WL 2819054 (S.D.N.Y. July 19, 2022), the court, inter alia, denied defendant’s motion for summary judgment dismissing plaintiff’s claim of race-based discriminatory termination asserted under 42 U.S.C. § 1981. As to that claim, the court applied the well-known 3-step burden-shifting framework, derived from…

Read More Section 1981 Race Discrimination Claim, Asserted by HIspanic Plaintiff, Survives Summary Judgment Against SL Green Realty Corp.
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In Black v. Buffalo Meat Service, Inc., d/b/a Boulevard Black Angus, 21-1468, 2022 WL 2902693 (C.A.2 July 22, 2022), the court affirmed the lower court’s award of summary judgment dismissing plaintiff’s race-based hostile work environment and constructive discharge claims. From the decision: Next, even assuming Black has standing to pursue her constructive discharge claims, we…

Read More Single Racial Slur Insufficient to Establish Hostile Work Environment or Constructive Discharge, Second Circuit Holds
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In Banks v. Cypres Chase Condominium Association B, Inc. and Andre Bujold, No. 22-60747-CIV-MORENO, 2022 WL 2870127 (S.D.Fla. July 21, 2022), the court, inter alia, held that plaintiff did not sufficiently allege a race-based hostile work environment claim under 42 U.S.C. § 1981, and accordingly dismissed it under Federal Rule of Civil Procedure 12(b)(6). From…

Read More “You People” Comment Insufficient to Allege Race-Based Hostile Work Environment Claim, Court Rules
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In Mellett v. City of Philadelphia, No. 20-cv-1629-JMY, 2022 WL 2391141 (E.D.Pa. July 1, 2022), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiff’s retaliation claim. From the decision: Plaintiff has brought forth evidence that Defendant’s alleged retaliatory conduct occurred within days of her complaining about Lieutenant Frank’s conduct and that…

Read More Retaliation Claim, Arising From “Antagonism” Following Complaints of Sexual Harassment, Survives Summary Judgment
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In Sarraj v. Northern Virginia Electric, 2022 WL 2820553 (E.D.Va. July 18, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims based on race, age, and sex. Initially, the court held that plaintiff – who is over 40 and Iraqi-Kurish – did not sufficiently allege an race and age-based hostile work environment claim,…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Single Comment Insufficient
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In a recent case, Gueye v. H & S Bakery, Inc. et al, Civil Action No. 22-2612, 2022 WL 2805636 (D.N.J. July 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age- and disability-based hostile work environment. From the decision: Here, Plaintiff, a plant superintendent, alleges that he was forced to take…

Read More Hostile Work Environment Claims Sufficiently Alleged; Despite Lack of “Egregious” Conduct, Plaintiff Alleged Supervisor’s “Growing Frustration”
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In Goosby v. Kendall, 2022 WL 2666731 (S.D.Ohio July 11, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: A hostile work environment claim requires proof that (1) plaintiff belongs to a protected class; (2) [plaintiff] was subject to unwelcome harassment; (3) the harassment was based on race; (4) the…

Read More Hostile Work Environment Claim Insufficiently Alleged; Comments Were Not “Pervasive”
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, dismissed plaintiff’s claim(s) of hostile work environment under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York City Human Rights Law. (The court…

Read More Age-Based Hostile Work Environment Claims Dismissed Against NYC Dept. of Education
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation, arising from complaints of age discrimination, under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York…

Read More Retaliation Claims, Arising From Complaints of Age Discrimination, Sufficiently Allege Against NYC Dept. of Education
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Age Discrimination Claims Sufficiently Alleged Against NYC Dept. of Education
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