2022

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In Torres v. Gulf Coast Jacks, Inc., No. 4:21-CV-00019, 2022 WL 7579036 (S.D.Tex. Oct. 13, 2022), the court, inter alia, held that plaintiff sufficiently pleaded a claim for race discrimination under Title VII of the Civil Rights Act of 1964. From the decision: A complaint attacked by a Rule 12(b)(6) motion to dismiss does not…

Read More Title VII Race Discrimination Sufficiently Pled; Allegations Included Threat to Call Immigration Authorities
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In Gregorian v. New York Life Insurance Company, No. 2019-10749, 34349/05, 2022 N.Y. Slip Op. 06917, 2022 WL 17480742 (N.Y.A.D. 2 Dept., Dec. 07, 2022), the court reversed the lower court’s summary judgment dismissal. From the decision: Here, the Supreme Court properly determined that Gregorian set forth a prima facie case of age discrimination (see…

Read More Age Discrimination Claims Survive Summary Judgment Against New York Life Insurance Company
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In Harge v. City of New York et al, 2022 WL 17481819 (2d Cir. Dec. 7, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Harge bases his hostile work environment claim on evidence of monitoring,…

Read More Title VII Race Discrimination Claim Dismissal Affirmed; NYC Human Rights Law Claims Improperly Dismissed
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In Lively v. Wafra Inv. Advisory Group, Inc., 2022 NY Slip Op 06887 (N.Y. App. Div. 1st Dept. Dec. 6, 2022), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s age discrimination asserted under the New York State and City Human Rights Laws. From the decision: Even under the lenient notice pleading standard afforded…

Read More Court Affirms Dismissal of Age Discrimination Complaint
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In Braunstein v. Sahara Plaza, LLC, Fairmont Hotels & Resorts (Maryland) LLC, 2022 WL 17480962 (2d Cir. Dec. 7, 2022), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s sex-based hostile work environment claim. From the decision: To succeed on a hostile work environment claim under either Title VII or the NYSHRL, Braunstein…

Read More Dismissal of Sex-Based Hostile Work Environment Claim Affirmed, Notwithstanding “Bitch”
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In Juillet v. The City of New York, No. 156256/2021, 2022 WL 17416915 (N.Y. Sup Ct, New York County Dec. 02, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under the New York City Human Rights Law. From the decision: For purposes of this motion, defendants do not dispute that plaintiff…

Read More “You People” Remark Sufficient to Allege Race Discrimination; Motion to Dismiss Denied
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In D’Anzieri v. Harrison Global LLC et al, 21-CV-8506 (VEC), 2022 WL 17404254 (S.D.N.Y. Dec. 2, 2022), the court denied defendants’ motion to dismiss plaintiff’s discrimination and retaliation claims, asserted under the New York State and City Human Rights Laws, on the basis of those statutes’ geographic reach. From the decision: The NYCHRL and NYSHRL…

Read More Sex, Age Discrimination Claims Survive Dismissal; Alleged Conduct Was Sufficiently Tied to New York
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In Temidis v. Intern. Business Machines Corp., No. 156289/2018, 2022 WL 4790484, 2022 N.Y. Slip Op. 33326(U)(N.Y. Sup Ct, New York County Oct. 03, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. The court summarized the facts…

Read More Retaliation Claims, Arising From Complaints of Race Discrimination Against Colleague, Survive Summary Judgment Against IBM
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In Dacier v. New York State Department of Labor, 2022 WL 16855210 (N.D.N.Y. Nov. 9, 2022), the court granted defendant’s motion for summary judgment dismissing plaintiff’s failure to promote claim asserted under Title VII of the Civil Rights Act of 1964. While the plaintiff here was not successful, this decision is instructive on what a…

Read More Title VII Failure to Promote Claim Tossed on Summary Judgment; Candidates With Superior Qualifications Sought
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In Bills v. WVNH Emp, LLC, 2022 WL 17365256 (S.D.W.Va. Dec. 1, 2022), the court granted defendant’s motion for summary judgment dismissing her claim of wrongful termination asserted under the West Virginia Human Rights Act (WVHRA). From the decision: Unlike most wrongful termination cases, there is no dispute here as to why the Defendants terminated…

Read More Nursing Assistant’s Smacking Alleged Groping Patient’s Hands Was Not “Protected Activity” For Sexual Harassment / Retaliation Claim, Court Holds
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