In Lax et al v. City University of New York et al, No. 504682/2021, 2024 N.Y. Slip Op. 50919(U), 2024 WL 3449207 (Sup Ct Kings Cty June 28, 2024), the court, inter alia, granted defendant CUNY’s motion to dismiss defendants’ (cross) claims of First Amendment retaliation. The court summarized, and applied, the law as follows:…
Read More First Amendment Retaliation Claims Dismissed Against CUNYIn Williams v. Chicago Transit Authority, 2024 WL 3455022 (N.D.Ill. July 18, 2024), the court, inter alia, held that plaintiff plausibly alleged a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds that Williams has met her burden at this stage and stated a…
Read More Title VII Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged Against Chicago Transit AuthorityIn Dabbasi v. Motiva Enterprises, L.L.C., 2024 WL 3422912 (5th Cir. July 16, 2024), the U.S. Court of Appeals for the Fifth Circuit reversed the lower court’s summary judgement dismissal on plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: We begin with whether Motiva has proffered a…
Read More 5th Circuit Reverses Summary Judgment Dismissal of Age Discrimination ClaimIn Veras v. New York City Department of Education et al, No. 1:22-cv-00056 (JLR) (SN), 2024 WL 3446498 (S.D.N.Y. July 17, 2024), the court, inter alia, dismissed plaintiff’s complaint alleging hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s fourth cause of action alleges sexual…
Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Alleged Sticking Out Tongue, “Humping” Object InsufficientIn Wickland v. Archcare at Terrance Cardinal Cooke Health Care Center et al, 2024 WL 3432029 (E.D.N.Y. July 15, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of sex discrimination (termination) asserted under Title VII of the Civil Rights Act of 1964. The court summarized the law, and applied it to…
Read More Title VII Sex Discrimination Claim Dismissed; Termination Was Allegedly Due to “No Call No Show” and Not Plaintiff’s SexIn Rajaram v. Meta Platforms, Inc., 2024 WL 3192178 (9th Cir. June 27, 2024), the U.S. Court of Appeals for the Ninth Circuit – reversing a lower court – held that 42 U.S.C. § 1981 prohibits employers from discriminating against United States Citizens. From the decision: The disputed question is whether section 1981 prohibits employers…
Read More 9th Circuit Holds That 42 U.S.C. § 1981 Prohibits Discrimination in Hiring Against U.S. Citizens on the Basis of Their CitizenshipIn Swank v. State of Oklahoma ex rel. The Regional University System of the Oklahoma Board of Regents d/b/a Northeastern State University, Case No. CIV-24-102-GLJ, 2024 WL 3400768 (E.D.Okla. July 12, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil…
Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Include Inappropriate Comments, TouchingIn Jackson v. Management & Training Corporation, No. 4:23-cv-00066-MPM-JMV, 2024 WL 3352446 (N.D.Miss. July 8, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. Defendant argued that plaintiff cannot show that the alleged…
Read More Sexual Harassment Claim Survives Summary Judgment; Court Rejects “Should Have Quit” ArgumentIn Carbone v. Tri-Town Construction LLC, 2024 WL 3377740 (M.D.Fla. July 11, 2024), 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. From the decision:; The Court denies Tri-Town Construction’s motion to dismiss Counts 3 and…
Read More Title VII Hostile Work Environment Sexual Harassment Claim, Based on Allegation that Coworker Grabbed Plaintiff’s Genitalia, Survives DismissalIn Payne v. JetBlue Airways Corp., Steven Tenorio, 2024 WL 3360381 (E.D.N.Y. July 9, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act off 1964. In sum, plaintiff (an inflight crewmember for defendant airline) alleges…
Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment Against JetBlue; Jury Could Find that Response Was Inadequate