August 2023

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In Asad v. Mahoney et al, No. 9686/2011, 2023 WL 4565032, 2023 N.Y. Slip Op. 32625(U) (N.Y. Sup Ct, Kings County July 17, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiffs’ race-based hostile work environment claim under the New York City Human Rights (but not the New York State Human…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Allegations Included Threat of Violence, Derogatory Language, and Shorting Work Hours
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In Faith v. Dara Khosrowshahi, Uber Technologies, Inc., et al, 2023 WL 5278126 (E.D.N.Y. August 16, 2023), the court (albeit in a footnote) provides guidance on the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). The court explained, in sum, that the EFAA only applies to sexual…

Read More Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Held Inapplicable to Non-Sexual Harassment/Assault Employment Discrimination Claims
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In Mack v. J.M. Smuckers Co., No. 22-3195, 2023 WL 5217705 (10th Cir. August 15, 2023), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s race-based hostile work environment claim. Disturbingly, this case involves the alleged use of a vile racial slur. However, this case illustrates that the mere use of the “n-word”…

Read More N-Word Utterance Insufficient to Give Rise to Hostile Work Environment Claim, 10th Circuit Holds
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In a recent case, Medina v. La Oficina of Queens, Inc., No. 508369/2016, 2023 WL 5277718 (N.Y. Sup Ct, Kings County Aug. 14, 2023), the court awarded the plaintiff (on default) $30,000 in damages for her emotional distress arising from alleged sexual harassment. The court’s analysis is instructive as to how courts assess these damages…

Read More Sexual Harassment Plaintiff Awarded $30,000 in Emotional Distress Damages
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In Emanuel v. Gap, Inc. et al, 2023 WL 5211007 (S.D.N.Y. August 14, 2023), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiffs’ race discrimination claims. In sum, plaintiffs argue that they were terminated for engaging in alleged misconduct (modifying employee timecards) while a caucasian employee (Kolibabek) suffered only a reprimand.…

Read More Race-Based Discrimination Claims Survive Summary Judgment; Allegations Included Disparate Discipline
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In M.H. v. Starbucks Coffee Company, 2023 WL 5211023 (S.D.N.Y. August 13, 2023), the court granted defendant’s motion to dismiss plaintiff’s claim of a sex-based hostile work environment asserted under the New York State Human Rights Law. Here, plaintiff, while 17 years old, was raped by her shift supervisor (Justin Mariani) at defendant Starbucks; Mariani…

Read More Court Dismisses NYS Human Rights Law Complaint Against Starbucks Arising From Rape of Teen Barista by Supervisor
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In Battle v. Wake Forest University Baptist Medical Center, 2023 WL 4868458 (M.D.N.C. July 31, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. Comprising plaintiff’s claim were several alleged racially derogatory comments, including that “all dark-skin blacks stink”, and comparing Michelle Obama to a “monkey.”…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In Caputo v. Iesi NY Corp., No. 150594/2018, 2023 WL 5167701 (N.Y. Sup Ct, New York County Aug. 11, 2023), the court held that summary judgment was inappropriate on plaintiff’s claims of discrimination and retaliation. From the decision: Here, issues of fact preclude summary judgment on all claims related to discrimination and retaliation. Plaintiff and…

Read More Summary Judgment on Disability Discrimination, Retaliation Claims Not Warranted in Light of Conflicting Interpretations of Evidence
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In Blumstein-Torrella v. New York City Department of Education et al, 19-cv-3492 (ALC), 2023 WL 5097873 (S.D.N.Y. August 9, 2023), the court, inter alia, dismissed plaintiff’s claims for religious discrimination 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.…

Read More Religious Discrimination Claims Dismissed Against the NYC Department of Education
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In Brown v. Metropolitan Dental Associates et al, 2023 WL 5154415 (S.D.N.Y. August 10, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, the same evidence that raised factual issues with respect to…

Read More “He Said, She Said” Pregnancy Discrimination Claim Survives Summary Judgment
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