2023

by

Post thumbnail

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
Share This:
by

Aluminum A-frame step ladder Aluminum A-frame step ladder

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
Share This:
by

Smiling professional with bow tie in office Smiling professional with bow tie in office

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
Share This:
by

Snowy entrance to 8th Street subway station Snowy entrance to 8th Street subway station

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
Share This:
by

Manhattan skyline at sunset Manhattan skyline at sunset

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
Share This:
by

Person in navy suit and red bow tie Person in navy suit and red bow tie

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
Share This:
by

Tropical beach with turquoise water and loungers Tropical beach with turquoise water and loungers

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
Share This:
by

Person in navy suit and red bow tie Person in navy suit and red bow tie

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
Share This:
by

Smiling man in suit with festive bow tie Smiling man in suit with festive bow tie

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
Share This:
by

Green quotation marks icon on black background Green quotation marks icon on black background

In Longhorn v. Oregon Department of Corrections, Civ. No. 6:21-cv-01267-MC, 2023 WL 3602780 (D.Or. May 23, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. After summarizing the black letter law applicable to this claim, the court applied it to the facts, as follows: Plaintiff contends that…

Read More Sexual Harassment, Based on Alleged Misogynistic Language and Sexual Rumors, Survives Summary Judgment
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.