2023

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In Ortiz v. Equinox Holdings, Inc., No. 161353/2018, 2023 WL 3949469 (N.Y. Sup Ct, New York County June 12, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment under the New York City Human Rights Law. In this case, plaintiff alleged that her co-worker (Larson) made inappropriate…

Read More “Sleeping With Boss” Remark Among Evidence Warranting Denial of City Law Discrimination Claim
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In Kennedy v. Lloyd J. Austin III, in his official capacity as Secretary of the Department of Defense, 2023 WL 3931961 (S.D.Ga. June 9, 2023), the court dismissed plaintiff’s employment discrimination complaint for failure to state a claim. This decision is instructive regarding best practices when pleading different theories of recovery (here, disparate treatment and…

Read More “Shotgun” Discrimination Complaint Dismissed
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In Pianko v. General R.V. Center, Inc. et al, Case No. 20-cv-13371, 2023 WL 3938852 (E.D.Mich. June 9, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. From the decision: A reasonable jury could find that Miller’s alleged conduct in the hotel room was subjectively and objectively…

Read More Hostile Work Environment Sexual Harassment Claim, Based on “After Hours” Conduct, Survives Summary Judgment
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In Hatzimihalis v. SMBC Nikko Securities America, Inc. et al, 20 Civ. 8037 (JPC), 2023 WL 3764823 (S.D.N.Y. June 1, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based pay discrimination claims under the New York City Human Rights Law and the post-amendment New York State Human Rights Law claims. This decision…

Read More Sex-Based Discrimination / Pay Disparity Claims Survive in Part
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In Amy Cooper v. Franklin Templeton Investments, 2023 WL 3882977, (2d Cir. June 8, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of employment discrimination claims asserted by Amy Cooper – yes, that Amy Cooper. – against her employer. From the decision: We agree with the district court that Plaintiff…

Read More Amy Cooper’s Employment Discrimination Claims Properly Dismissed, Second Circuit Holds
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In Estep v. Brenner, No. 159639/2022, 2023 WL 3889780 (N.Y. Sup Ct, New York County June 08, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under the New York City Human Rights Law (but not the New York State Human Rights Law). This decision, as such, illustrates the…

Read More Derogatory Remarks, Rumors Support Sufficiently-Alleged Hostile Work Environment Claim Under the New York City Human Rights Law
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In Almasri v. City of New York – N.Y.C. Dept. of Educ., No. 155062/2021, 2023 WL 3819099 (N.Y. Sup Ct, New York County June 05, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s employment discrimination claims. From the decision: The Court now turns to the branch of DOE’s motion, pursuant to CPLR…

Read More Arabic/Middle Eastern-Based Discrimination Claims Survive Dismissal
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In Sharp v. S&S Activewear, L.L.C., 2023 WL 3857491 (9th Cir. June 7, 2023), the court vacated a lower court’s dismissal of plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964 based on “music with sexually derogatory and violent content, played constantly and publicly throughout the…

Read More Sexually Demeaning, Violent Music Could Give Rise to Actionable Hostile Work Environment, Even if “Equally Offensive” to Men & Women
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In Mera v. SA Hospitality Group, LLC et al, 1:23-cv-03492 (PGG) (SDA), 2023 WL 3791712 (S.D.N.Y. June 3, 2023), the court, inter alia, denied defendant’s motion to compel arbitration of plaintiff’s New York State and City Human Rights Law sexual harassment claims. Specifically, plaintiff’s sexual harassment (but not other) claims fell within the scope of…

Read More Sexual Harassment Claims Fell Within Scope of “Ending Forced Arbitration of Sexual Assault Act of 2021”, and Thus Not Subject to Arbitration, Court Holds
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In Lowery v. Louis DeJoy, Postmaster General, United States Postal Service, Great Lakes Area Operations, No. 1:21-cv-01871, 2023 WL 3791467 (S.D. Ind. June 2, 2023), the court granted defendant’s motion for summary judgment dismissing plaintiff’s race-based hostile work environment claim. From the decision: Mr. Lowery has not shown that his work environment was objectively offensive…

Read More Race-Based Hostile Work Environment Claim Against USPS Dismissed
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