October 2023

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In Greenidge v. City of New York, No. 155062/2022, 2023 WL 6598626 (N.Y. Sup Ct, New York County Oct. 10, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under the New York City Human Rights Law. From the decision: Defendants’ motion to dismiss plaintiff’s claim of employment…

Read More Race Discrimination Claim Sufficiently Alleged; Allegations Included That White Partner Was Granted Medical Leave Not Afforded to Plaintiff
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In Shin v. The New York City Dept. of Educ., No. 155437/2018, 2023 WL 6465000 (N.Y. Sup Ct, New York County Oct. 03, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender discrimination claim asserted under the New York City (but not the New York State) Human Rights Law. From…

Read More Gender Discrimination Claims Survive Against NYC Dept. of Education Under the New York City Human Rights Law
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In Griffin v. City of New York, No. 157357/2022, 2023 WL 6465003 (N.Y. Sup Ct, New York County Oct. 04, 2023), the court, inter alia, held that plaintiff sufficiently alleged a sex-based hostile work environment claim under the New York City – but not the New York State – Human Rights Law. This decision, as…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law
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In Wilkinson v. Pinnacle Lodging, LLC et al, No. 22-30556, 2023 WL 6518142 (5th Cir. Oct. 5, 2023), the court, inter alia, reversed the district court’s grant of summary judgment to the defendant employer on plaintiff’s claim of wrongful termination asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §…

Read More Citing Inconsistent Reasons for Termination, Fifth Circuit Reverses Summary Judgment for Employer in Wrongful Termination Case
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In Brown v. Ferrara Candy Company, No. 22 CV 04875, 2023 WL 6519973 (N.D.Ill. Oct. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of (race or sexual orientation based) hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The key allegation supporting…

Read More Hostile Work Environment Claims Survive Dismissal; Carrying of Weapons Factored Into Decision
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In Yelling v. St. Vincent’s Health System, 2023 WL 6474713 (11th Cir. Oct. 5, 2023), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s race-based hostile work environment. This decision is instructive as to how courts evaluate hostile work environment claims where the alleged inappropriate comments are not directed to the plaintiff themselves,…

Read More Race-Based Hostile Work Environment Claim Dismissal Upheld; Obama Comments Were Not “Inherently Racial”
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In Kekovic v. Titan Motor Group LLC, 22-CV-2142, 2023 WL 6385712 (E.D.N.Y. Sept. 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. Plaintiff, who identifies as a white male, is married to a black, African American man, and thus asserts “associational discrimination” claims based on this marriage.…

Read More “Associational Discrimination” Race-Based Hostile Work Environment Claim Survives Dismissal Against Titan Motor Group
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In Herman v. City of New York et al, 21-cv-6295 (ALC), 2023 WL 6386887 (S.D.N.Y. Sept. 29, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of hostile work environment, based on his Jewish religion, under the New York State and City Human Rights Laws. From the decision: Here, Plaintiff alleges that…

Read More Religion-Based Hostile Work Environment Claims, Based in Part on Single Anti-Semitic Remark, Survive Dismissal
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In a recent case, Gamble v. Fieldston Lodge Nursing and Rehabilitation Center et al, No. 20-CV-10388-LTS, 2023 WL 6393739 (S.D.N.Y. Sept. 30, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that…

Read More Title VII Sexual Orientation Discrimination Claim Survives Summary Judgment
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In Garduno v. Capable Controls, Inc., No. 23 CV 2549, 2023 WL 6276564 (N.D.Ill. Sept. 26, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In this case, plaintiff alleged that shortly after starting work, she discovered that one…

Read More Sexual Harassment Claim, Based on Pornography Viewing in the Office, Survives Dismissal
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