2023

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In Barbara Delo v. Paul Taylor Dance Foundation, No. 22-cv-9416 (RA), 2023 WL 4883337 (S.D.N.Y. Aug. 1, 2023), the court denied the defendant’s motion to compel arbitration under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. As part of its analysis, the court held that plaintiff plausibly alleged sexual harassment…

Read More Applying Recent Law, Court Denies Motion to Compel Arbitration in Sexual Harassment Lawsuit Against Paul Taylor Dance Foundation
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In Tiffani Kerns v. RCS Trucking & Freight, Inc., No. 1:22-cv-1200 (RDA/IDD), 2023 WL 4868555 (E.D.Va. July 31, 2023), the court denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment sexual harassment (as well as constructive discharge) asserted under the Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged…

Read More Sexual Harassment Claim Survives Dismissal; Court Rejects Defendant’s “Myopic” Interpretation of the Hostile Work Environment Statement
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In Jenkins v. District of Columbia, No. 17-2730 (TSC), 2023 WL 4183795 (D.D.C. June 26, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act (ADEA) – for failure to exhaust administrative remedies at the EEOC. The court summarized this requirement as follows: Before…

Read More Age Discrimination Claims Dismissed For Failure to Exhaust Administrative Remedies at the EEOC
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In Silvers v Jamaica Hospital, No. 2021-00446, 620936/19, 2023 N.Y. Slip Op. 03938, 2023 WL 4751994 (N.Y.A.D. 2 Dept., July 26, 2023), the court reversed a lower court determination dismissing plaintiff’s claims of sex discrimination asserted under the New York State and City Human Rights Laws. The court summarized plaintiff’s discrimination claims as follows: The…

Read More Sex Discrimination Claims Sufficiently Alleged Against Jamaica Hospital
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In Broadway v. University of Maryland, Global Campus, 2023 WL 4421406 (D.Md. July 7, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. This decision, like many others, illustrates the application of the “severe or pervasive” standard to such claims. The court explained: Plaintiff generally asserts that her immediate…

Read More Hostile Work Environment Claims Dismissed; Generalized Assertions of Harasment and Bullying Insufficient
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In McIntosh v City of New York, No. 505675/2022, 2023 N.Y. Slip Op. 50761(U), 2023 WL 4753854 (N.Y. Sup. Ct. Kings Cty. July 10, 2023), the court, inter alia, granted defendant’ motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision operates as a…

Read More Hostile Work Environment Claims Dismissed Against the City of New York
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In Pinkcombe v. Randev, No. 155804/2022, 2023 WL 4680147 (N.Y. Sup Ct, New York County July 20, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims that he was subjected to discrimination (based on his gender and race) in a place of public accommodation. From the decision: In relevant part, Administrative Code…

Read More Public Accommodation Discrimination Claims Sufficiently Alleged Against Medical Office
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In Felix v. New York City Department of Education, 21 Civ. 6109 (LGS), 2023 WL 4706097 (S.D.N.Y. July 24, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim in violation of the Americans with Disabilities Act (ADA). Plaintiff alleged that the defendant subjected her to a hostile…

Read More Disability-Based Hostile Work Environment Claim Survives Summary Judgment Against NYC Dept. of Education
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In Brown v. Port Authority Transit Corporation, et al, Civil Action No. 22-3199, 2023 WL 4747678 (E.D.Pa. July 24, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. The court summarized the elements of such a claim in the Third Circuit, namely:…

Read More “Work Ethic” Comment Did Not Support Race-Based Hostile Work Environment Claim
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In T.D.H. v. Kazi Foods of New Jersey, Inc., Civil No. 5:23-cv-00634-JMG, 2023 WL 4567722 (E.D.Pa. July 17, 2023), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: To state a Title VII claim for…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Contentions Include Comments That Go Beyond “Occasional Offhand Comments”
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