2024

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In Mayorga v. Diet Center LLC d/b/a Heart Attack Grill, 2024 WL 1574362 (9th Cir. April 11, 2024), the court affirmed the lower court’s award of summary judgment on plaintiff’s employment discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Even though the First Amended Complaint (“FAC”) alleges…

Read More Title VII Hostile Work Environment and Constructive Discharge Claims Properly Dismissed, Ninth Circuit Holds
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In Argoti v. Equinox Holdings, Inc., No. 152903/2019, 2024 WL 1599371 (N.Y. Sup Ct, New York County Apr. 10, 2024), the court, inter alia, denied defendant’s motion for summary judgment seeking dismissal of plaintiff’s claim of discrimination based on plaintiff’s disability and domestic violence status asserted under the New York City Human Rights Law. From…

Read More Domestic Violence Victim Status Discrimination Claim Against Equinox Survives Summary Judgment
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The New York City Council recently approved an amendment to the New York City Human Rights Law to ensure that employers may not, by agreement, subject a discrimination claim to a shorter statute of limitations than provided by the statute. Specifically, the new law, Int. No. 69-A, amends Section 8-109 of the Administrative Code of…

Read More NYC Council Votes to Amend NYC Human Rights Law to Render Void Any Provision Seeking to Shorten the Statute of Limitations
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In Perez v. RJR Maintenance Group Inc., No. 652938/2023, 2024 WL 1532761 (N.Y. Sup Ct, New York County Apr. 5, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under the New York State and City Human Rights Laws. In reaching its conclusion, the court employed the “joint employer”…

Read More Applying “Joint Employer” Doctrine, Court Denies Motion to Dismiss National Origin Discrimination Claims
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In Rivera v. The Fortune Soc., Inc., No. 150022/2023, 2024 WL 1532756 (N.Y. Sup Ct, New York County April 9, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the New York State and City Human Rights Law. From the decision: To state a prima facie case of…

Read More Hispanic Native American Man’s Discrimination Claims Survive Dismissal
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In Gordon-Mallett v. Mount Sinai Hospitals Group, Inc. et al, 22-cv-1159 (LJL), 2024 WL 1513910 (S.D.N.Y. April 8, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims asserted under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. As to…

Read More Sex, Race-Based Hostile Work Environment Claims Against Mt. Sinai Survive Summary Judgment
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In Farah v. Emirates and Emirates Severance Plan, 21-CV-05786-LTS, 2024 WL 1374762 (S.D.N.Y. March 31, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’ claim of discrimination based on national origin (American). From the decision: To plead a prima facie case of intentional discrimination under Title VII, Plaintiffs must plausibly allege: (1) they…

Read More National Origin (American) Discrimination Claims Survive Dismissal Against Emirates
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In Polenik v. Janet Yellen, 2024 WL 1466783 (M.D.Pa. April 4, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s “quid pro quo” sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To allege a quid pro quo sexual harassment claim under Title VII, Polenik must…

Read More Quid Pro Quo Sexual Harassment Claim Dismissed; Constructive Discharge Alone Was Insufficient
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In Floyd v. New York Public Radio, 23-cv-1096 (ALC), 2024 WL 1407058 (S.D.N.Y. April 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of Pay Inequality under New York Labor Law § 194. The court summarized the black-letter law as follows: To establish an equal pay violation of the New York…

Read More Radio Host Jami Floyd’s Pay Discrimination Claim Under NY Labor Law 194 Survives Dismissal
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