September 2024

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In Lee v. Riverbay Corporation, No. 22-CV-7504-LTS, 2024 WL 4312166 (S.D.N.Y. Sept. 27, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. As…

Read More Hostile Work Environment Claims, Based on Asian Jokes, Survive Dismissal
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In Friedman v. Bloomberg, L.P., 2024 NY Slip Op 04602 (App. Div. 1st Dept. Sept. 26, 2024), the New York Appellate Division, First Department, unanimously affirmed the lower court’s denial of defendant’s motion for summary judgment dismissing plaintiff’s complaint for disability discrimination and failure to accommodate disability under the New York City Human Rights Law.…

Read More Disability Discrimination (Termination) Claim Survives Summary Judgment, 1st Dept. Holds
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In Friedman v. Bloomberg, L.P., 2024 NY Slip Op 04602 (App. Div. 1st Dept. Sept. 26, 2024), the New York Appellate Division, First Department, unanimously affirmed the lower court’s denial of defendant’s motion for summary judgment dismissing plaintiff’s complaint for disability discrimination and failure to accommodate disability under the New York City Human Rights Law.…

Read More Failure to Accommodate Disability (Dyslexia) Claim Survives Summary Judgment, 1st Dept. Holds
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In Moscato v. City of New York, No. 157923/2023, 2024 WL 4277258 (N.Y. Sup Ct, New York County Sep. 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a disability-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: To state a claim…

Read More Disability-Based Hostile Work Environment Claim Survives Dismissal
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In Bray v. Rhythm Management Group, LLC, 2024 Wl 4278989 (D. Md. Sept. 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Defendants assert that Bray’s allegations do not describe conduct sufficiently “severe or pervasive” to alter the conditions of her employment and…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged
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In Benitez v Jamaica Hospital Medical Center, No. 2020-09593, 507954/17, 2024 N.Y. Slip Op. 04539, 2024 WL 4281076 (N.Y.A.D. 2 Dept., Sep. 25, 2024), the court upheld the lower court’s dismissal of plaintiff’s pregnancy discrimination claim under the New York City Human Rights Law. The court explained, and applied, the law as follows: The New…

Read More Single Comment Insufficient to Establish Pregnancy Discrimination, Court Holds
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In Rivera v. The CSI Companies Inc., Case No: 8:24-cv-01450-WFJ-NHA, 2024 WL 4264839 (M.D.Fla. Sept. 23, 2024), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that she received “unwarranted and unwelcome sexual advances”…

Read More Hostile Work Environment Sexual Harassment Claim, Based on Alleged Co-Worker’s Sexual Comments, Survives Dismissal
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In McNeal v. City of Blue Ash, Ohio et al, 2024 WL 4262532 (6th Cir. Sept. 23, 2024), the court, inter alia, reversed the lower court award of summary judgment to defendant on plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Because the facts here…

Read More Age-Based Hostile Work Environment Claim Resurrected from Summary Judgment
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In Robert L. Miller, Jr. v. Ascenda USA Incorporated, et al., No. CV-22-02172-PHX-JJT, 2024 WL 4241552 (D.Ariz. Sept. 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. After dismissing plaintiff’s claim asserted under Title VII of the Civil Rights Act of 1964…

Read More Section 1981 Race Discrimination Claim, Based on Shift Change Denial, Sufficiently Alleged
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In Zeng v. Ellenoff Grossman & Schole LLP, 23-CV-10348 (JGLC), 2024 WL 4250387 (S.D.N.Y. Sept. 19, 2024), the court, inter alia, upheld a Report & Recommendation (R&R) recommending that defendant’s motion to compel arbitration of plaintiff’s retaliation claim be denied. In sum, plaintiff Ming Zeng alleges that she was sexually harassed by a coworker while employed…

Read More Retaliation Claim, Arising From Sexual Harassment Complaint, Not Subject to Arbitration
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