2023

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In Carmody v. New York University, et al, 21 Civ. 8186 (LGS), 2023 WL 5803432 (S.D.N.Y. Sept. 7, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sex-based discrimination claims. After determining that plaintiff presented a prima facie case of discrimination and that defendants articulated a legitimate reason for plaintiff’s termination…

Read More Doctor’s Sex Discrimination Claims Survive Summary Judgment Against NYU
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In Collymore v. City of New York et al, 16-CV-8270-LTS-OTW, 2023 WL 5834784 (S.D.N.Y. Sept. 8, 2023), the court granted defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. Under the operative statutes, plaintiff was required to show that the discriminatory harassment she experienced was “because of” a protected characteristic – here, sex. Applying…

Read More Sexual Harassment Claims Dismissed; Alleged Touching Was Not Sex-Based
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In a recent decision, Anderson v. KAR Global, 2023 WL 5493754 (8th Cir. Aug. 25, 2023), the U.S. Court of Appeals for the Eighth Circuit reversed a lower court’s dismissal of plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act. In evaluating plaintiff’s claim, the court applied the familiar McDonnell Douglas burden-shifting framework. Under this…

Read More Disability Discrimination (Termination) Claim Improperly Dismissed on Summary Judgment, 8th Circuit Holds
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In Samuels v. City of New York et al, 22-cv-1904 (JGK), 2023 WL 5717892 (S.D.N.Y. Sept. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1954, the New York State Human Rights Law, and the New York…

Read More Gender-Based Hostile Work Environment Claims Survive Dismissal; Allegations Include Physical and Verbal Harassment
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In Jordan v. Auto Handling Corporation, et al, 2023 WL 5802449 (N.D. Ind. Sept. 6, 2023), the court dismissed plaintiff’s claim of race-based discrimination asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that he experienced “racial incidents” during his employment, including a joke that plaintiff was a “drug…

Read More Title VII Race-Based Hostile Work Environment Claim Dismissed; “Drug Dealer”, “MLK” Comments Insufficient
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In a recent case, Banks v. General Motors, LLC, No. 21-2640, 2023 WL 5761361 (2d Cir. Sept. 7, 2023), the U.S. Court of Appeals for the Second Circuit vacated a lower court’s summary judgment dismissal of plaintiff’s race- and sex-based discrimination and hostile work environment claims. From the decision: In this case, plaintiff-appellant Billie R.…

Read More 2nd Circuit Revives Claims of Race and Sex Discrimination, Hostile Work Environment
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In Ayende v. The City of New York, No. 153423/2022, 2023 WL 5531761, 2023 N.Y. Slip Op. 32970(U) (N.Y. Sup Ct, New York County Aug. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims. From the decision: Plaintiff must state a prima facie cause of action for employment discrimination…

Read More Disability Discrimination Claims Sufficiently Alleged Against the City of New York
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In a recent case, Rudolph v. Abbott Laboratories, Inc., Civil Action No.: 3:18-cv-6071-PGS-TJB, 2023 WL 5638844 (D.N.J. August 31, 2023), the court denied defendant’s motion in limine seeking to prelude plaintiff from introducing evidence of other employees’ allegations of discrimination. This evidence, typically referred to as “me too” evidence, can be very useful in a discrimination…

Read More “Me Too” Evidence Permitted in Discrimination Case
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In Izuogu v. Aramark Food Services, No. 100625/2022, 2023 WL 5628205 (N.Y. Sup Ct, New York County Aug. 31, 2023), the court  granted defendant’s motion to dismiss plaintiff’s employment discrimination claims. The decision is instructive both as to the technical requirements for pleading a cause of action in a New York State Court complaint, as…

Read More Employment Discrimination Complaint Dismissed; Allegation That Plaintiff Was Forced to Perform Tasks Outside Job Description Held Insufficient
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In Famuyide v. Chipotle Mexican Grill, Inc. et al, 2023 WL 5651915, (D.Minn. August 31, 2023), the court, applying the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), denied the defendant’s motion to compel arbitration. That statute provides, in pertinent part: Notwithstanding any other provision of this title, at the…

Read More Court Denies Chipotle’s Motion to Compel Arbitration of Sexual Harassment Claim; Dispute Arose After “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”
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