March 2023

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A recent decision, McCallum v. Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security, No. 21-1911 (ABJ), 2023 WL 2571757 (D.D.C. March 20, 2023), the court addressed an issue that is central to many, if not most, allegations of employment discrimination: namely, whether an alleged negative action by an employer constitutes an actionable “adverse…

Read More Removal/Reassignment of Duties Was an “Adverse Employment Action”, Court Holds
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A recent case, Bady v. Illinois Central Railroad Company, No. 2:21-cv-2693-MSN-cgc, 2023 WL 2482229 (W.D.Tenn. March 13, 2023), illustrates the difficulties encountered by plaintiffs in attempting to plead and prove a hostile work environment claim. To wit: Drawing a chalk line down Plaintiff’s buttock without his knowledge or consent, posting a photo about it, and…

Read More Hostile Work Environment Claim Insufficiently Alleged; “Chalk Buttock Line” Insufficient
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In Higgins v. Gladstone Gallery LLC, No. 150934/2022, 2023 WL 1961164, 2023 N.Y. Slip Op. 30436(U) (N.Y. Sup Ct, New York County Feb. 10, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the…

Read More Retaliation Claim, Including Alleged Constructive Discharge, Survives Dismissal
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In a recent case, Boucher et al v. Trustees of Canisius College et al, No. 1:22-cv-00381, 2023 WL 2544625 (W.D.N.Y. March 17, 2023), the court denied defendant’s motion to dismiss plaintiff’s “hostile educational environment” sexual harassment claim asserted under Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681. Plaintiffs allege, in sum,…

Read More Sexual Harassment/Hostile Educational Environment Claim Survives Dismissal Against Trustees of Canisius College
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Happy St. Patrick’s Day! This holiday, a religious and cultural holiday held on March 17 commemorating Ireland’s patron saint, is celebrated by many, especially here in New York City. While the days of “No Irish Need Apply” are long gone, it is possible that some may experience discrimination because of their Irish background, heritage, or…

Read More St. Patrick’s Day
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In a recent case, Schneider v. Trumbull County Veterans Service Commission, 2023 WL 2500173 (N.D.Ohio March 14, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s sexual harassment claim. Here, the parties conceded that plaintiff “established that she experienced unwelcome harassment based on sex and that the harassing conduct was sufficiently severe or…

Read More Sexual Harassment Claim Survives Summary Judgment; Jury Must Decide Defendant’s Knowledge of Harassment and Adequacy of Response Harassment Allegations
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In a recent case, High v. Wells Fargo Bank, 2023 WL 2505540 (E.D.Va. March 14, 2023), the court offered interpretive guidance on 42 U.S.C. § 1981 which, generally, prohibits race discrimination in the making and enforcement of contracts (which has been interpreted to mean the “at will” employment relationship). While Title VII of the Civil…

Read More Court Discusses 42 U.S.C. § 1981’s Applicability Where National Origin Discrimination is Alleged
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In a recent case, Gerzhgorin v. Selfhelp Community Services, Inc. et al, 2023 WL 2469824 (2d Cir. March 13, 2023), the U.S. Court of Appeals, inter alia, affirmed the lower court’s dismissal of plaintiff’s religion-based religious discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human…

Read More Antisemitic Comments, Deemed “Facially Neutral” by Court, Fail to Make Out Religious Discrimination Claim
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In Schlegel v. Finney County, Kansas, Board of Commissioners, No. 21-1288-JAR-KGG, 2023 WL 2428900 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Here, Plaintiff points to no single…

Read More Sexual Orientation-Based Hostile Work Environment Claim Survives Summary Judgment
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In Walker v. Christine E. Wormuth, Secretary of the Army, 2023 WL 2428903 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that the Court must dismiss this claim…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Court Cites “Troublemaker” and “Angry Black Woman” Comments
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