2023

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In Summerville v. Tradeweb Markets, LLC, No. 160245/2021, 2023 WL 2613131 (N.Y. Sup Ct, New York County Mar. 23, 2023), the court, inter alia, dismissed plaintiff’s race- and gender-based discrimination and hostile work environment claims asserted under the New York State and New York City Human Rights Laws. From the decision: Plaintiff alleges that the…

Read More Race/Gender Discrimination & Hostile Work Environment Claims Dismissed
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Legislation pending before the New York City Council, Int 0209-2022, would “amend the administrative code of the city of New York, in relation to prohibiting discrimination on the basis of a person’s height or weight in opportunities of employment, housing, and access to public accommodations.” The legislation is summarized as follows: This bill would prohibit…

Read More NYC-Proposed Legislation to Prohibit Discrimination Based on Weight, Height
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In White–Barnes v New York State Department of Corrections and Community Supervision, No. 535384, 2023 N.Y. Slip Op. 01561, 2023 WL 2602608 (N.Y.A.D. 3 Dept. Mar. 23, 2023), the court modifying and reversing a lower order dismissing, on summary judgment, plaintiff’s claim of an age-based hostile work environment leading to her constructive discharge. In sum,…

Read More “Grandma” Comments Result in Age-Based Discrimination, Hostile Work Environment, Constructive Discharge Claims Being Resurrected From Summary Judgment Dismissal
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In Atalla v. Rite Aid Corporation, 2023 WL 2521909 (Cal.App. 5 Dist. Feb. 24, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s sexual harassment claim. The facts of this case include plaintiff’s supervisor sending her inappropriate text messages. Standing alone, these facts might initially suggest an actionable claim of sexual harassment. However,…

Read More Sexual Harassment Claims Dismissed; Inappropriate Text Messages Were Sent by Supervisor Not Acting in That Capacity
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In Johnson v. The City of Troy et al, 1:20-cv-1279 (MAD/TWD), 2023 WL 2587945 (N.D.N.Y. March 21, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law governing this claim,…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment Against City of Troy
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A recent decision, McCallum v. Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security, No. 21-1911 (ABJ), 2023 WL 2571757 (D.D.C. March 20, 2023), the court addressed an issue that is central to many, if not most, allegations of employment discrimination: namely, whether an alleged negative action by an employer constitutes an actionable “adverse…

Read More Removal/Reassignment of Duties Was an “Adverse Employment Action”, Court Holds
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A recent case, Bady v. Illinois Central Railroad Company, No. 2:21-cv-2693-MSN-cgc, 2023 WL 2482229 (W.D.Tenn. March 13, 2023), illustrates the difficulties encountered by plaintiffs in attempting to plead and prove a hostile work environment claim. To wit: Drawing a chalk line down Plaintiff’s buttock without his knowledge or consent, posting a photo about it, and…

Read More Hostile Work Environment Claim Insufficiently Alleged; “Chalk Buttock Line” Insufficient
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In Higgins v. Gladstone Gallery LLC, No. 150934/2022, 2023 WL 1961164, 2023 N.Y. Slip Op. 30436(U) (N.Y. Sup Ct, New York County Feb. 10, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the…

Read More Retaliation Claim, Including Alleged Constructive Discharge, Survives Dismissal
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In a recent case, Boucher et al v. Trustees of Canisius College et al, No. 1:22-cv-00381, 2023 WL 2544625 (W.D.N.Y. March 17, 2023), the court denied defendant’s motion to dismiss plaintiff’s “hostile educational environment” sexual harassment claim asserted under Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681. Plaintiffs allege, in sum,…

Read More Sexual Harassment/Hostile Educational Environment Claim Survives Dismissal Against Trustees of Canisius College
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Happy St. Patrick’s Day! This holiday, a religious and cultural holiday held on March 17 commemorating Ireland’s patron saint, is celebrated by many, especially here in New York City. While the days of “No Irish Need Apply” are long gone, it is possible that some may experience discrimination because of their Irish background, heritage, or…

Read More St. Patrick’s Day
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