2023

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In Matter of Commission On Human Rights Ex Rel. Liserny Fernandez, Petitioner v. Gil’s Collision Services Inc. d/b/a D & R Collision Corp. and Gilbert Velez, Jr., 2023 WL 3974499 (N.Y.C. Comm’n on Human Rights May 31, 2023), the NYC Commission on Human Rights, inter alia, found that an award of $275,000 in mental anguish…

Read More $275,000 Emotional Distress Damages Awarded by NYC Commission on Human Rights in Sexual Harassment Case
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In Sunkins v. Hampton Roads Connector Partners, No. 2:23cv91, 2023 WL 7411761 (E.D.Va. Nov. 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s allegations are based on alleged sexual comments made to her by…

Read More Hostile Work Environment Sexual Harassment Claims Survive Dismissal; Allegations Included Supervisor’s Direct Sexual Proposition Following Complaint
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In Ayers v. Infinity Dental Management LLC, 2023 WL 7386676 (E.D.Pa. Nov. 8, 2023), the court granted defendant’s motion to dismiss plaintiff’s claims of employment discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: Because Ayers asserts that he was terminated from his employment, he has satisfied the adverse…

Read More Failure to Allege Membership in Protected Class Dooms Wrongful Termination, Hostile Work Environment Claims
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In Ali-Hasan, M.D. v. St. Peter’s Health Partners Medical Associates, P.C. et al, 2023 WL 7320860 (2d Cir. Nov. 7, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to the defendants on plaintiff’s sex discrimination asserted under Title VII of the Civil Rights Act of…

Read More 2d Circuit Affirms Dismissal of Title VII Sex Discrimination Complaint by Male Target of Anonymous Complaint of Sex Discrimination,
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In Alatorre v. Ole Mexican Foods, Inc., Case No. CIV-21-01057-JD, 2023 WL 7308117 (W.D.Okla. Nov. 6, 2023), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964, and thus denied defendant’s motion to dismiss. From the decision: Here, Alatorre has pled…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Sexual Comments and Attempted Touching
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In Wilson v. Ciocca Muncy Ho Inc., No. 4:23-CV-00765, 2023 WL 6449425 (M.D.Pa. Oct. 3, 2023), the court, inter alia, held that plaintiff administratively exhausted certain claims, but not others, in her charge filed at the U.S. Equal Employment Opportunity Commission (EEOC). In sum, plaintiff alleges that she experienced sex discrimination (including sexual harassment), racial…

Read More Claims, Including For Sex Discrimination & Hostile Work Environment Sexual Harassment, Were Administratively Exhausted at the EEOC, Court Holds
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In Lorefice v. State of New York et al, 2022-2037-cv, 23 WL 7271838 (2d Cir. Nov. 3, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s decision granting defendants’ motion for judgment on the pleadings on plaintiff’s claim of gender discrimination under Title VII of the Civil Rights Act of…

Read More 2nd Circuit Rejects “Gender Stereotyping” Claim Asserted by Terminated Alleged Sexual Harasser
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In Anil v. The City of New York, No. 157736/2022, 2023 WL 7130790 (N.Y. Sup Ct, New York County Oct. 23, 2023), the court, inter alia, held that plaintiff sufficiently alleged age discrimination and retaliation under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the court explained: Plaintiff…

Read More Age Discrimination Claims, Based on Alleged Millennial Hiring Preference and Promotion of Less Experienced Younger Co-Workers, Survive Dismissal
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In Ashandra v. 1199 Seiu Nat. Ben. Fund, No. 1599612022, 2023 WL 6975971 (N.Y. Sup Ct, New York County Oct. 18, 2023), the court granted the defendant’s CPLR 3211(a)(7) motion to dismiss plaintiff’s failure-to-accommodate-religious-practices claim asserted under the New York State and City Human Rights Laws. In sum, plaintiff alleged that defendant violated the law…

Read More Court Dismisses Covid Vaccine Failure-to-Accommodate-Religion Claim Asserted Under the New York State and City Human Rights Laws
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In Bailey v. A Place For Rover et al, 2023 WL 7167580 (E.D.Pa. Oct. 31, 2023), the court considered whether the relatively recently enacted Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) operated to render the defendant’s arbitration agreement unenforceable. In sum, the EFAA renders unenforceable a “predispute arbitration agreement … with…

Read More Human Trafficking Allegations Did Not Constitute a “Sexual Harassment Dispute”, Deeming EFAA Inapplicable and Not Barring Enforcement of Arbitration Agreement
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