2022

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In Blanchard v. Tulane University, Civil Action No. 22-260, 2022 WL 13733195 (E.D.La. Oct. 21, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Here is the court’s analysis of that issue: Defendant…

Read More Race-Based Harassment/Hostile Work Environment Survives Motion to Dismiss Against Tulane University
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In Blanchard v. Tulane University, Civil Action No. 22-260, 2022 WL 13733195 (E.D.La. Oct. 21, 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. This aspect of the decision concerns Title VII’s “administrative exhaustion” requirement, which, in sum, requires an…

Read More Retaliation Claim, Arising Out of EEOC Charge, Survives Dismissal
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In Lare v. Supreme Maintenance Inc., No. 1:22-cv-00007-WJ, 2022 WL 13821774 (D.N.M. Oct. 21, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s so-called “third party retaliation” claim asserted under Title VII of the Civil Rights Act of 1964. In a somewhat unusual fact pattern, plaintiff asserts that he was terminated after, and…

Read More Husband’s Third-Party Retaliation Claim, Following Wife’s Complaint of Sexual Harassment, Survives Dismissal
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In Marseille v. Mount Sinai Hospital, No. 21-2140, 2022 WL 14700981 (2d Cir. Oct. 26, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s discrimination claims asserted under the New York City Human Rights Law. From the decision: Under the NYCHRL, it is unlawful for an employer, “because of the actual or perceived” age,…

Read More Race Discrimination Complaint Dismissal Affirmed; Reference to “Aggressive” Tone Did Not Evidence Discriminatory Animus
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In Lintenich v. PFTN Columbia, LLC d/b/a Planet Fitness, Case No. 1:21-cv-00036, 2022 WL 14812633 (M.D.Tenn. October 25, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment. The evidence included the following messages sent to plaintiff (the last of which was a voice message):…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment Against Gym; Evidence Included Sexual Text and Voice Messages
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In Desrosiers v. Summit Security Services, Inc. et al, 2022 WL 13808524 (S.D.N.Y. Oct. 21, 2022), the court, inter alia, dismissed plaintiff’s claims of national origin discrimination asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. This case…

Read More National Origin Discrimination Claim Dismissed; Alleged Comments Were Non-Actionable “Stray Remarks”
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In Mera v. Milos HY, Inc., No. 150880/2022, 2022 WL 7613323, 2022 N.Y. Slip Op. 33462(U), 16 (N.Y. Sup Ct, New York County Oct. 12, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment asserted under the New York State and City Human Rights Law. From the decision: Plaintiffs succeed…

Read More Hostile Work Environment Claims Sufficiently Alleged By Restaurant Employees
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In Leroy v. Delta Air Lines, 2022 WL 12144507 (2d Cir. Oct. 21, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s retaliation claim asserted under the New York City Human Rights Law. In sum, plaintiff alleges that, while working as a flight attendant for Delta, she was subjected to drug testing, wrongfully suspended,…

Read More Flight Attendant’s Retaliation Claim, Based on Airline’s Report of Racist Remark By Passenger, Properly Dismissed
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In Aykac v. City of New York, No. 805009/2022, 2022 WL 11926504 (N.Y. Sup Ct, New York County Oct. 20, 2022), the court, inter alia, dismissed plaintiff’s disability-based discrimination and hostile work environment claims. As to plaintiff’s hostile work environment claim, the court explained: With respect to the plaintiff’s contention that he was subjected to…

Read More Disability-Based Hostile Work Environment Claim Dismissed; “Fat”, “Malingerer” Comments Insufficient
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