March 2024

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In Harlow v. Molina Healthcare, Inc., 5:20-CV-1382, 2024 WL 1126736 (N.D.N.Y. March 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on her hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the black-letter law, the…

Read More Hostile Work Environment (Same-Sex) Sexual Harassment Claims Survive Summary Judgment; Evidence Included Unwanted Touching and Suggestive Language
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In Harlow v. Molina Healthcare, Inc., 5:20-CV-1382, 2024 WL 1126736 (N.D.N.Y. March 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on her race-based termination claim, asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Here is the court’s application of the…

Read More Race-Based Discriminatory Termination Claim Survives Summary Judgment Against Molina Healthcare
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In Renondeau v. Wildlife Conservation Society, New York Aquarium et al, 19-CV-2415 (VSB), 2024 WL 1156643 (S.D.N.Y. March 18, 2024), the court, inter alia, granted defendants’ motion for summary judgment dismissing plaintiff’s hostile work environment claim. From the decision: Plaintiff’s hostile work environment claim is based on many of the same allegations that underlie his…

Read More Hostile Work Environment Claim Dismissed; “Haitian Motherfucker” & “Haitian Sensation” Comments Insufficient
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In Nofal v. IMCMV Times Square LLC et al, 22 Civ. 3104 (DEH), 2024 WL 1138928 (S.D.N.Y. March 15, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s religion-based hostile work environment claim. Plaintiff, who is Muslim, predicated his religious-discrimination claim on a single comment, namely, telling plaintiff that if he…

Read More Religion-Based Hostile Work Environment Claim Dismissed; Single Comment Insufficient
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In Shkoza v. NYC Health & Hospitals Corporation, No. 20-CV-3646 (RA), 2024 WL 1116145 (S.D.N.Y. March 13, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under the New York City Human Rights Law. From the decision: [Plaintiff] Shkoza also brings an underlying claim…

Read More Sexual Harassment Claim Dismissed; Shoulder Touching Insufficient, Court Holds
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In Syeed v Bloomberg L.P., No. 20, 2024 N.Y. Slip Op. 01330, 2024 WL 1097279 (N.Y. Ct. App. Mar. 14, 2024), the New York Court of Appeals, answered the following certified question from the U.S. Court of Appeals for the Second Circuit: Whether a nonresident plaintiff not yet employed in New York City or State…

Read More NY Court of Appeals Issues Worker-Friendly Decision as to NYC Human Rights Law’s “Impact” Requirement
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In Floyd v. Jewish Bd. of Family and Children’s Services, No. 155925/2019, 2024 WL 1096320 (N.Y. Sup Ct, New York County Mar. 13, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of hostile work environment based on plaintiff’s sexual orientation, in violation of the New York City Human Rights…

Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed
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In Kim v. Evergreen Adult Day Care in NY Inc., 22-CV-548 (AMD) (CLP), 2024 WL 989909 (E.D.N.Y. March 6, 2024), the court granted defendants’ motion to compel arbitration of plaintiffs’ employment discrimination and hostile work environment claims. This decision illustrates the uphill battle faced by a plaintiff-employee seeking to avoid an arbitration agreement on the…

Read More Court Grants Motion to Compel Arbitration of Discrimination Claims, Notwithstanding Alleged Language Barrier
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In Kagel-Betts v Warren, No. 601810/2023, 81 Misc. 3d 1233(A), 202 N.Y.S.3d 723, 2024 N.Y. Slip Op. 50055(U), 2024 WL 237743 (N.Y. Sup. Ct. Suffolk Cty. Jan. 12, 2024), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. As to that claim, the court explained:…

Read More Court Dismisses Hostile Work Environment Claim, Citing Lack of Examples of Alleged Conduct
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In Clawson v. The City of Albany Department of Fire & Emergency, 2024 WL 1044531 (2d Cir. March 11, 2024), the U.S. Court of Appeals for the Second Department affirmed the district court’s award of summary judgment on plaintiff’s claim of race-discrimination – specifically, that defendant rescinded plaintiff’s promotion because of his race. From the…

Read More 2d Circuit Upholds Denial of Alleged Race-Based Discriminatory Promotion Rescission
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