January 2023

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In Tassy v. Peter Buttigieg, 2023 WL 144112 (E.D.N.Y. January 10, 2023), the court, inter alia, dismissed plaintiff’s “constructive discharge” claim. In sum, since a constructive charge claim is a more “aggravated” form of a hostile work environment, the dismissal of the latter warranted the dismissal of the former. From the decision: Plaintiff also brings…

Read More Constructive Discharge Claim Dismissed, in Light of Dismissal of Hostile Work Environment Claim
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In Lewkowicz v. Terence Cardinal Cook Health Center et al, No. 153100/20, 17046, 2021-04033, 2023 N.Y. Slip Op. 00061, 2023 WL 138824 (N.Y.A.D. 1 Dept. Jan. 10, 2023), the New York Appellate Division, First Department affirmed the lower court’s dismissal of plaintiff’s complaint, which alleged age discrimination under the New York State and City Human…

Read More Age Discrimination Claim Properly Dismissed, First Department Holds
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In Sakthivel v. Industrious Staffing Co., LLC, 2023 NY Slip Op 00044 (N.Y. App. Div. 1st Dept. Jan. 5, 2023), the court affirmed the lower court’s dismissal of plaintiff’s claim of retaliation, asserted under the New York Labor Law, arising from an assault by a co-worker. From the decision: Plaintiff pro se alleges that defendant…

Read More Whistleblower Claim, Based on Alleged Co-Worker Assault, Dismissal Affirmed
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In Garcia v. Denver Health Medical Center, Civil Action No. 22-cv-01651-CNS-MEH, 2023 WL 22186 (D.Colo. January 3, 2023), the court, inter alia, found that plaintiff plausibly alleged her claim of “reverse” race discrimination, asserted under Title VII of the Civil Rights Act of 1964, be denied. From the decision: Plaintiff also claims that she suffered…

Read More “Reverse” Race Discrimination (Hostile Work Environment) Claim Sufficiently Alleged, Colorado District Court Holds
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In Small v. New York City Department of Education et al, 1:21-cv-1527-GHW, 2023 WL 112546 (S.D.N.Y. Jan. 5, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims that he was subject to unlawful discrimination, in that he was terminated because of his perceived sexual orientation, in violation of Title VII of the…

Read More Teacher Sufficiently Alleges Discriminatory Termination Based on Perceived Sexual Orientation
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In Small v. New York City Department of Education et al, 1:21-cv-1527-GHW, 2023 WL 112546 (S.D.N.Y. Jan. 5, 2023), the court, inter alia, held that plaintiff – a teacher – sufficiently alleged a sexual orientation-based hostile work environment claim under the New York City Human Rights Law (but not under Title VII of the Civil Rights Act…

Read More Student-on-Teacher Sexual Orientation Hostile Work Environment Claim Survives Dismissal Under NYC Law
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In Lugo v. Jfk Cartage, Inc., No. 704862/22, 2022 WL 17733500 (N.Y. Sup Ct, Queens County Nov. 23, 2022), the court denied defendant’s motion to dismiss plaintiff’s claims of employment discrimination asserted under the New York State Human Rights Law. From the decision: On a motion to dismiss for failure to state a cause of…

Read More Age Discrimination Complaint Passes Muster Under the NYS Human Rights Law
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In Anderson v. US Polymers-Accurez, LLC, Case No. 4:22-cv-1022-MTS, 2022 WL 17496062 (E.D.Mo. Dec. 8, 2022), the court denied defendant’s motion to dismiss plaintiff’s complaint alleging race discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. This case is instructive as to how courts assess the pleading sufficiency…

Read More Race Discrimination Claims Sufficiently Alleged; Forced Transfer May Constitute an “Adverse Employment Action”
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In Dusel v. Factory Mutual Insurance Company, 52 F.4th 495 (1st Cir. Nov. 1, 2022) – an age discrimination case – the court, inter alia, held that the lower court did not abuse its discretion in finding that evidence of pornographic and sexually explicit materials discovered within employee’s paper files after he was terminated qualified…

Read More Post-Termination Discovery of Pornographic Materials Qualified as “After-Acquired Evidence” in Discrimination Case
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In Tatas v. Ali Baba’s Terrace, Inc. et al, 2022 WL 18027620, (S.D.N.Y. Dec. 30, 2022), the court, inter alia, denied defendants’ motion for reconsideration of the court’s prior order that there existed a genuine issue of material fact on plaintiff’s race and national origin discrimination claims. In sum, in this case the plaintiff (who…

Read More National Origin Discrimination Claim Proceeds; National Origin of Alleged Discriminator Was Not a “Material” Issue
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