November 2024

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In Santay v. Ice House LLC, Civil Action No. 24-cv-11583-ADB, 2024 WL 4804967 (D.Mass. Nov. 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: The elements of a claim for hostile work environment under Title VII or Chapter 151B are that (1) the…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Contentions Include Sexual Comments, Touching, and Showing Photos and Videos of Genitalia
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In Joseph v. Board of Regents of the University System of Georgia, 2024 WL 4705544 (11th Cir. Nov. 7, 2024), the U.S. Court of Appeals for the Eleventh Circuit held that Title IX of the Education Amendments of 1972 does not create an implied right of action for sex discrimination in employment. From the decision:…

Read More Title IX Does Not Create an Implied Right of Action for Sex-Based Employment Discrimination, Eleventh Circuit Holds
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In Bolton v. General Motors, 2024 WL 4707965 (N.D.Ind. Nov. 6, 2024), the court, inter alia, dismissed plaintiff’s Title VII hostile work environment claim, on the ground that plaintiff did not “administratively exhaust” that claim at the Equal Employment Opportunity Commission (EEOC). From the decision: Bolton checked the box for discrimination based on race and…

Read More Hostile Work Environment Claim Dismissed on Administrative Exhaustion Grounds
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In Conlan v. Liberty Mutual Group, Inc. and Charles Bruce Stark, 2024 WL 4792112 (S.D.N.Y. Nov. 13, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under the New York State Human Rights Law. The court summarized the facts, in part, as follows: Shortly after Plaintiff began…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged Against Liberty Mutual, Court Holds
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In Jackson, Robert v. American Civil Liberties Union, Inc. et al, 21-CV-5037 (JPO), 2024 WL 4766983 (S.D.N.Y. Nov. 13, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the McDonnell…

Read More Race Discrimination Claims Survive Summary Judgment Against ACLU
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In Jean-Pierre v. City of New York, No. 153859/2023, 2024 WL 4753498 (N.Y. Sup Ct, New York County Nov. 12, 2024), the court denied defendant’s motion to dismiss plaintiff’s claims of race discrimination and hostile work environment. From the decision: Plaintiff’s amended complaint alleges sufficient facts to support claims of discrimination and hostile work environment…

Read More Race-Based Discrimination & Hostile Work Environment Claims Sufficiently Alleged Against City of New York, Court Holds
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In Sol Back v. Bank Hapoalim, B.M., Gil Karni, 2024 WL 4746263 (2d Cir. Nov. 12, 2024), the U.S. Court of Appeals for the Second Circuit vacated a lower court’s dismissal of plaintiff’s claim of sex-based discrimination under Title VII of the Civil Rights Act of 1964. The district court held that plaintiff did not…

Read More Applying New “Adverse Employment Action” Standard, 2d Circuit Vacates Dismissal of Title VII Sex-Discrimination Claims
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In Robinson v. District of Columbia, 2024 WL 4722157 (D.D.C. Nov. 8, 2024), the court, inter alia, dismissed plaintiff’s claim of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After explaining that plaintiff failed to plead a timely hostile work environment claim, the court continued: Plaintiff’s hostile work…

Read More Title VII Race-Based Hostile Work Environment Claim Dismissed Against the District of Columbia
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In Doe v. Fox Corp., No. 653743/2024, 2024 WL 4680514 (N.Y. Sup Ct, New York County Oct. 31, 2024), the court granted plaintiff’s (unopposed) motion to proceed via pseudonym. From the decision: The First Department has held that trial courts must exercise their discretion to limit the public nature of proceedings sparingly, and only when…

Read More Sexual Assault Plaintiff May Proceed Anonymously, Court Holds
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In Spiegel v 226 Realty LLC, No. 150371/13, 2023–03102, 2805, 2024 N.Y. Slip Op. 05076, 2024 WL 4486892 (N.Y.A.D. 1 Dept., Oct. 15, 2024), the Appellate Division, First Department, unanimously reversed the lower court’s award of summary judgment to defendants on plaintiff’s whistleblower claim under New York Labor Law § 740. Specifically, the court held that…

Read More First Department Reverses Dismissal of NY Labor Law § 740 Whistleblower Claim; Statute Applied Retroactively
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