April 2023

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In Duniya v. Power, 2023 WL 2755132 (N.D.Ill. April 3, 2023), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This case, like so many others, teaches that workplace conduct that is unpleasant in the objective sense will not necessarily give rise…

Read More Hostile Work Environment Claim Dismissed; Conduct Reflected Merely Plaintiff’s Displeasure With Supervisors’ Management of His Work
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In Watkins v. Washington Metropolitan Area Transit Authority, 2023 WL 2734324 (D.D.C. March 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based hostile work environment claim. From the decision: Watkins first alleges a hostile work environment based on gender. Watkins 1, Compl. ¶ 58. WMATA argues that she does not allege…

Read More Gender-Based Hostile Work Environment Claim Survives Dismissal; Allegations Included Supervisor’s Repeated Use of the Word “Bitch”
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In Williams v. Genmill LLC, No. 652706/2020, 2023 WL 2650427, 2023 N.Y. Slip Op. 30942(U) (N.Y. Sup Ct, New York County Mar. 27, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of gender discrimination under the New York State Human Rights Law. The plaintiff here alleged, among other things, that defendant…

Read More Absence of Employer/Employee Relationship Dooms NYS Human Rights Law Gender Discrimination Claim
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On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, codified at 9 U.S.C. § 402 (EFAA). This law, in sum, invalidates any pre-dispute mandatory arbitration clause as it applies to plaintiffs alleging claims of or related to workplace sexual harassment. In a recent…

Read More Court Considers Temporal Applicability of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”
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In Kaba v. Zara USA, Inc., No. 157434/2022, 2023 WL 2650422, 2023 N.Y. Slip Op. 30930(U) (N.Y. Sup Ct, New York County Mar. 27, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s public accommodation discrimination claim under the New York State and City Human Rights Laws. From the decision: The Court is…

Read More Public Accommodation Discrimination Claims Sufficiently Alleged Against Zara
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In Girardi v. Ferrari Express, Inc. et al, 220-CV-4298 (VSB), 2023 WL 2744027 (S.D.N.Y. March 31, 2023), the court held that plaintiff sufficiently alleged claims of sexual harassment, and thus denied defendant’s motion to dismiss. As to plaintiff’s claim against individual defendant Fabio Ravera, defendant Ferrari Express’s general manager and chief financial officer, the court…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged
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In Sanderson v. Leg Apparel LLC et al, No. 1:19-cv-8423-GHW, 2023 WL 2753200 (S.D.N.Y. March 31, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of retaliation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Retaliation Claims, Arising From Termination Following Complaints About Sexual Orientation Discrimination, Survive Summary Judgment
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In Sanderson v. Leg Apparel LLC et al, No. 1:19-cv-8423-GHW, 2023 WL 2753200 (S.D.N.Y. March 31, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based discrimination claim asserted under the New York City Human Rights Law. This decision highlights the difference between the comparatively broad New York City Human Rights…

Read More NYCHRL Race Discrimination Claim Survives Summary Judgment Against Leg Apparel
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In Lang v. District of Columbia, et al, 2023 WL 2708820 (D.D.C. March 30, 2023), the U.S. District Court for the District of Columbia dismissed plaintiff’s “failure to protect against hostile work environment” claim. From the decision: That leaves Plaintiff’s claims based on Defendants’ negligent failure to protect her from the hostile work environment. These…

Read More Court Declines to Recognize, and Dismisses, Hostile Work Environment Claim Based on “Negligent Supervision” Theory
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In Wong v. Midwest Gaming & Entertainment LLC, 2023 IL App (1st) 220309 (Ill.App. 1 Dist. March 31, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s “third party” sexual harassment claim arising from alleged harassment by defendant’s patrons. From the decision: The undisputed facts in the record demonstrate that the patrons subjected…

Read More Patron Sexual Harassment Claim Survives Summary Judgment
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