2023

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Recently-proposed New York State legislation (A2865/S17) would make it more difficult for defendants to overturn employment discrimination damage awards. In sum, the law “[p]rovides that the court shall not reduce jury awards as excessive in employment discrimination actions unless the court finds that the proponent has proven by clear and convincing evidence that the verdict…

Read More Proposed New York Legislation Would Restrict Judicial Review of Employment Discrimination Damage Awards
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In Rysak v. Ferro Corporation, Civil Action No. 22-2311, 2023 WL 3138937 (E.D.Pa. April 28, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. Initially, there was no question that plaintiff made out a prima facie case of age discrimination; specifically, she was…

Read More Age Discrimination Claim Survives Summary Judgment; Performance Issues Not Raised Until After Termination
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In McCourt v. Fashion Institute of Technology, No. 162044/2018, 2023 WL 3175057 (N.Y. Sup Ct, New York County May 01, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s age discrimination claim. Here, the first three elements of a discrimination claim are not disputed as plaintiff belongs to a protected class,…

Read More Age Discrimination Claim Dismissed Against Fashion Institute of Technology
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In Peña et al v. Clark County, Case No. 3:21-cv-05411-DGE, 2023 WL 3160157 (W.D.Wash. April 28, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The County argues Plaintiffs lack evidence to…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Court Cites “Multiple Racial Insults”
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In Edouard v. John S. Connor, Inc., Civil No. 2:22cv263, 2023 WL 3127622 (E.D.Va. April 27, 2023), the court, inter alia, held that plaintiff sufficiently alleged a plausible hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Although Plaintiff’s factual allegations are not overly detailed, the Court…

Read More Title VII Hostile Work Environment Survives Dismissal; Allegations Included Supervisor’s Comments About Chinese Persons’ Appearance and Eating Habits
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In Harvison v. G.A. West & Co., Inc., 2023 WL 2998482, at *5 (S.D.Miss. April 18, 2023), the U.S. District Court for the Southern District of Mississippi, inter alia, granted one plaintiff leave to file an amended complaint to assert a “quid pro quo” sexual harassment claim under Title VII of the Civil Rights Act…

Read More Title VII “Quid Pro Quo” Sexual Harassment Claim, With Amendment, Plausibly Alleged
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In Freud v. New York City Department of Education et al, 2023 WL 3103588 (2d Cir. April 27, 2023), the court affirmed the dismissal of plaintiff’s religion-based hostile work environment claim. From the decision: Freud has also failed to state a claim for hostile work environment, which requires him to plausibly allege that “the workplace…

Read More Title VII Religion-Based Hostile Work Environment Claim Properly Dismissed, 2d Circuit Holds
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In Rivas v. New York Lottery, 2023 WL 2968185 (N.D.N.Y. April 17, 2023), the court, inter alia, granted defendants’ to dismiss plaintiff’s complaint alleging a hostile work environment claim under Title VII of the Civil Rights Act of 1964. The court provides the following synopsis of the governing law, and its application to the facts…

Read More Title VII Hostile Work Environment Claim Dismissed, Notwithstanding Allegations of Screaming, Stalking, Bullying, Etc.
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In Davis v. Power Authority, 2023 WL 3064705 (2d Cir. April 25, 2023), the court, inter alia, affirmed the lower court’s order awarding summary judgment to defendant on plaintiff’s discrimination claims. From the decision: Here, even assuming a prima facie case of discrimination, Defendants provided legitimate, non-discriminatory reasons for Davis’s termination, and Davis fails to…

Read More Citing “Stray Remarks” Doctrine, Second Circuit Affirms Dismissal of Discrimination Claim
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In Smith v. CHR Medical Corporation et al, No. 3:22-cv-00743, 2023 WL 3065220 (M.D. Tenn. April 24, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims alleged under Title VII of the Civil Rights Act of 1964 (based on gender) and the Age Discrimination in Employment Act (based on…

Read More Age/Gender-Based Hostile Work Environment Claims “Barely” Survive Dismissal
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