June 2023

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In Amy Cooper v. Franklin Templeton Investments, 2023 WL 3882977, (2d Cir. June 8, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of employment discrimination claims asserted by Amy Cooper – yes, that Amy Cooper. – against her employer. From the decision: We agree with the district court that Plaintiff…

Read More Amy Cooper’s Employment Discrimination Claims Properly Dismissed, Second Circuit Holds
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In Estep v. Brenner, No. 159639/2022, 2023 WL 3889780 (N.Y. Sup Ct, New York County June 08, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under the New York City Human Rights Law (but not the New York State Human Rights Law). This decision, as such, illustrates the…

Read More Derogatory Remarks, Rumors Support Sufficiently-Alleged Hostile Work Environment Claim Under the New York City Human Rights Law
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In Almasri v. City of New York – N.Y.C. Dept. of Educ., No. 155062/2021, 2023 WL 3819099 (N.Y. Sup Ct, New York County June 05, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s employment discrimination claims. From the decision: The Court now turns to the branch of DOE’s motion, pursuant to CPLR…

Read More Arabic/Middle Eastern-Based Discrimination Claims Survive Dismissal
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In Sharp v. S&S Activewear, L.L.C., 2023 WL 3857491 (9th Cir. June 7, 2023), the court vacated a lower court’s dismissal of plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964 based on “music with sexually derogatory and violent content, played constantly and publicly throughout the…

Read More Sexually Demeaning, Violent Music Could Give Rise to Actionable Hostile Work Environment, Even if “Equally Offensive” to Men & Women
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In Mera v. SA Hospitality Group, LLC et al, 1:23-cv-03492 (PGG) (SDA), 2023 WL 3791712 (S.D.N.Y. June 3, 2023), the court, inter alia, denied defendant’s motion to compel arbitration of plaintiff’s New York State and City Human Rights Law sexual harassment claims. Specifically, plaintiff’s sexual harassment (but not other) claims fell within the scope of…

Read More Sexual Harassment Claims Fell Within Scope of “Ending Forced Arbitration of Sexual Assault Act of 2021”, and Thus Not Subject to Arbitration, Court Holds
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In Lowery v. Louis DeJoy, Postmaster General, United States Postal Service, Great Lakes Area Operations, No. 1:21-cv-01871, 2023 WL 3791467 (S.D. Ind. June 2, 2023), the court granted defendant’s motion for summary judgment dismissing plaintiff’s race-based hostile work environment claim. From the decision: Mr. Lowery has not shown that his work environment was objectively offensive…

Read More Race-Based Hostile Work Environment Claim Against USPS Dismissed
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In Longhorn v. Oregon Department of Corrections, Civ. No. 6:21-cv-01267-MC, 2023 WL 3602780 (D.Or. May 23, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. After summarizing the black letter law applicable to this claim, the court applied it to the facts, as follows: Plaintiff contends that…

Read More Sexual Harassment, Based on Alleged Misogynistic Language and Sexual Rumors, Survives Summary Judgment
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In Brickhouse v. School District of Philadelphia et al, 2023 WL 3739062 (E.D.Pa. May 31, 2023), the court, inter alia, held that plaintiff sufficiently pleaded a race-based hostile work environment claim. In sum, the court held that the plaintiff “alleges just enough to state a plausible hostile work environment claim. Her supervisors frequently subjected her…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Against Philadelphia School District, Court Holds
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In Parms v. Morgan Truck Body, LLC, Case No. 5:22-cv-2095, 2023 WL 3763578 (N.D. Ohio June 1, 2023), the court held that plaintiff’s EEOC charge sufficiently set forth a claim of sexual harassment and, thus, that that claim was administratively exhausted. The court explained: Generally, a plaintiff cannot bring claims in a lawsuit that were…

Read More Sexual Harassment Claim Administratively Exhausted at the EEOC, Court Rules
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In Boswell v. The 706 Condominium, No. 157018/2021, 2023 WL 3738426 (N.Y. Sup Ct, New York County May 31, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s housing discrimination claim under the New York City Human Rights Law.  From the decision: Plaintiffs have sufficiently alleged a claim under the NYCHRL. Plaintiffs allege…

Read More Complaint Sufficiently Alleges Housing Discrimination Under the NYC Human Rights Law
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