2023

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In Lugo v. Jfk Cartage, Inc., No. 704862/22, 2022 WL 17733500 (N.Y. Sup Ct, Queens County Nov. 23, 2022), the court denied defendant’s motion to dismiss plaintiff’s claims of employment discrimination asserted under the New York State Human Rights Law. From the decision: On a motion to dismiss for failure to state a cause of…

Read More Age Discrimination Complaint Passes Muster Under the NYS Human Rights Law
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In Anderson v. US Polymers-Accurez, LLC, Case No. 4:22-cv-1022-MTS, 2022 WL 17496062 (E.D.Mo. Dec. 8, 2022), the court denied defendant’s motion to dismiss plaintiff’s complaint alleging race discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. This case is instructive as to how courts assess the pleading sufficiency…

Read More Race Discrimination Claims Sufficiently Alleged; Forced Transfer May Constitute an “Adverse Employment Action”
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In Dusel v. Factory Mutual Insurance Company, 52 F.4th 495 (1st Cir. Nov. 1, 2022) – an age discrimination case – the court, inter alia, held that the lower court did not abuse its discretion in finding that evidence of pornographic and sexually explicit materials discovered within employee’s paper files after he was terminated qualified…

Read More Post-Termination Discovery of Pornographic Materials Qualified as “After-Acquired Evidence” in Discrimination Case
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In Tatas v. Ali Baba’s Terrace, Inc. et al, 2022 WL 18027620, (S.D.N.Y. Dec. 30, 2022), the court, inter alia, denied defendants’ motion for reconsideration of the court’s prior order that there existed a genuine issue of material fact on plaintiff’s race and national origin discrimination claims. In sum, in this case the plaintiff (who…

Read More National Origin Discrimination Claim Proceeds; National Origin of Alleged Discriminator Was Not a “Material” Issue
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In Davis v. Dawgs of St. John, Inc., d/b/a Sundog Café et al, Case No. 3:20-cv-0112, 2022 WL 17735829 (D.Virgin Islands Dec. 16, 2022), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of…

Read More Hostile Work Environment Sexual Harassment Claim, Based on Alleged Vulgar Comments, Survives Dismissal
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