2023

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In Johnson v. Auto Handling Corporation et al, 2023 WL 5627071 (N.D. Ind. August 30, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s claim of a race-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. Among other things, plaintiff alleged that an employee addressed plaintiff…

Read More “Coolio” Hair Comment Insufficient to Make Out Race-Based Hostile Work Environment, Court Holds
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In Everett v. New York City Department of Education et al, 21 Civ. 7043 (JPC), 2023 WL 5629295 (S.D.N.Y. August 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law applicable to…

Read More Race Discrimination Claim Sufficiently Alleged Against NYC Department of Education, Court Holds
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In a recent case, Symotyuk-Knoll v. Healthequity, Inc., 1:21-CV-08348 (ALC), 2023 WL 5576405 (S.D.N.Y. August 29, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted 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 Retaliation Claims Sufficiently Alleged; Termination Followed Pregnancy Leave Request
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In a recent case, Domingo v. Avis Budget Group, et al., No. 2021-02638, 709558/20, 2023 WL 5599153 (N.Y.A.D. 2 Dept., Aug. 30, 2023), the court modified a lower court decision to deny defendant’s motion to dismiss plaintiff’s causes of action for hostile work environment and aiding and abetting. In sum, plaintiff commenced an action alleging…

Read More Sexual Harassment Claim Sufficiently Alleged; Dismissal of Federal and State Claims Did Not Operate as “Collateral Estoppel”
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In Garcia v. The City of New York, No. 151552/22, 2023 WL 5531753 (N.Y. Sup Ct, New York County Aug. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discrimination claim asserted under the New York City Human Rights Law. From the decision: The conduct alleged in the Proposed Amended Complaint…

Read More “Coded” Racial Language Supports NYC Human Rights Law Discrimination Claim
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In Browne v Lyft, No. 2021-01314, 717499/19, 2023 N.Y. Slip Op. 04102, 2023 WL 4918610 (N.Y.A.D. 2 Dept., Aug. 02, 2023), the court reversed a lower court decision, and granted the defendant’s motion to dismiss plaintiff’s causes of action for vicarious liability under the doctrine of respondeat superior and fraud. Plaintiff alleged, in sum, that after utilizing…

Read More Sexual Misconduct Lawsuit, Under “Respondeat Superior” Theory, Dismissed Against Lyft
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In Lazarine v. Allied Universal Event Services, No. 153143/2023, 2023 WL 4546517, 2023 N.Y. Slip Op. 32374(U) (N.Y. Sup Ct, New York County July 14, 2023), the court, inter alia, dismissed plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: Counts IV, V, and VIII of…

Read More Retaliation Claims Dismissed Absent Allegation of “Protected Activity”
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In Lax v. The City University of New York, No. 504682/2021, 2023 WL 5485819 (N.Y. Sup Ct, Kings County Aug. 23, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claims. From the decision: CUNY contends that plaintiffs’ hostile work environment claims fail to state viable causes of action…

Read More Religion-Based Hostile Work Environment Claims Sufficiently Alleged Against City University of New York, Court Rules
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In Moody, Amanda v. Empire Hotel Development, Inc., et al, No. 20-CV-02203 (PMH), 2023 WL 5480729 (S.D.N.Y. August 24, 2023), the court, inter alia, denied defendants’ motion for summary judgment as to plaintiff’s race-based discrimination (demotion) claim. From the decision: Moody also contends that she was demoted in mid-July 2019. Moody testified that a few weeks…

Read More Race-Based Discrimination (Demotion Only) Claims Survive Summary Judgment
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In Wolfe-Santos v. NYS Gaming Com’n, No. 160963-2016, 2023 WL 5431870 (N.Y. Sup Ct, New York County Aug. 22, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims. From the decision: Here, assuming arguendo that defendants met their burden and established that they did not discriminate against plaintiff…

Read More Disability Discrimination Claims Survive Summary Judgment Against NYS Gaming Commission
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