November 2023

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In Roper, Kamala v. The City of New York, Frantz Souffrant, Joseph Antonio, No. 528198/2022, 2023 N.Y. Slip Op. 51299(U), 2023 WL 8247927 (Sup Ct, Nov. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: To state a…

Read More NYPD Officer’s Retaliation Claims, Arising From Command Disciplines Etc. Following Complaint of Discrimination, Survive Dismissal
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In Roper, Kamala v. The City of New York, Frantz Souffrant, Joseph Antonio, No. 528198/2022, 2023 N.Y. Slip Op. 51299(U), 2023 WL 8247927 (Sup Ct, Nov. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claims asserted under the New York State and City Human Rights Laws. After…

Read More NYPD Officer’s Sex-Based Hostile Work Environment Claims Survive Dismissal Under the NYS and NYC Human Rights Laws
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In Rosenthal v. Roosevelt Island Operating Corporation et al, No. 1105, 154096/21, 2022-03686, 2023 N.Y. Slip Op. 06103, 2023 WL 8193191 (N.Y.A.D. 1 Dept., Nov. 28, 2023), the First Department affirmed the dismissal of plaintiff’s discrimination claims on the grounds of collateral estoppel From the decision: Plaintiff is collaterally estopped from asserting claims of discrimination…

Read More Employment Discrimination Claims Properly Dismissed on Ground of Collateral Estoppel, in Light of Article 78 Determination
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In Kennedy v. Intraspectrum Counseling, Ltd., No. 22-cv-05204, 2023 WL 6879485 (N.D.Ill. October 18, 2023), the court denied plaintiff’s motion to dismiss defendant’s counterclaims for breach of contract and conversion – which it alleged in response to plaintiff’s complaint alleging retaliation in violation of Title VII of the Civil Rights Act of 1964. In sum,…

Read More Employer’s Counterclaims Against Employee, in Title VII Sexual Harassment / Retaliation Suit, Survive Dismissal
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In Ashmore v. Ohio Department of Transportation, Case No. 3:20-cv-499, 2023 WL 6880380 (S.D.Ohio Oct. 18, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In finding that the alleged harassment was not “severe or pervasive,”…

Read More Title VII Sexual Harassment Claim Dismissed; Gender-Related Jokes, Occasional Teasing, and One Buttocks-Grabbing Incident Held Insufficient
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In Luo v. AIK Renovation Inc. et al, 23-cv-5878 (LJL), 2023 WL 8113437 (S.D.N.Y. Nov. 22, 2023), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment claims based on his Chinese descent, and denied defendant’s motion to dismiss. After determining that plaintiff sufficiently allege disparate treatment, the court evaluated his hostile work…

Read More Hostile Work Environment Claims, Arising From Anti-Chinese and Anti-Black Slurs, Survive Dismissal
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In Luo v. AIK Renovation Inc. et al, 23-cv-5878 (LJL), 2023 WL 8113437 (S.D.N.Y. Nov. 22, 2023), the court, inter alia, held that plaintiff sufficiently alleged employment discrimination (disparate treatment) based on his Chinese descent, and denied defendant’s motion to dismiss. From the decision: Plaintiff has pleaded sufficient facts to give rise to a claim…

Read More Employment Discrimination Claims, Based on Chinese Descent, Survive Dismissal
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In Perez v. The City of New York, No. 111768/2011, 2023 WL 8035671 (N.Y. Sup Ct, New York County Nov. 20, 2023), the court, inter alia, denied defendant City of New York’s motion for summary judgment as to plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision:…

Read More NYPD Officer’s Retaliation Claims Against City of New York Survive Summary Judgement
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In Kayode v. Merrick B. Garland, Case No. 1:22-cv-03802 (TNM), 2023 WL 8083638 (D.D.C. Nov. 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. Here, in sum, plaintiff alleged that she was treated in a “rude”, “offensive”, and…

Read More Title VII Hostile Work Environment Claim, Based on Supervisor’s Conduct, “Barely” Survives Dismissal
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In Cornelius v. CVS Pharmacy, Inc., Civil Action No. 23-01858 (SDW) (AME), 2023 WL 6876925 (D.N.J. October 18, 2023), the court, inter alia, held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not excuse plaintiff’s claims from arbitration in the first instance. This decision illustrates, among other…

Read More Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) Did Not Bar Arbitration; Sex Discrimination, But Not Sexual Harassment, Not Alleged
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