2024

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In Arnold v Town of Camillus, No. 22-01774, 831, 202 N.Y.S.3d 839, 2023 N.Y. Slip Op. 06627, 2023 WL 8865653 (N.Y.A.D. 4 Dept., Dec. 22, 2023), the court addressed the “Notice of Claim” requirement in the context of employment discrimination claims asserted under the New York State Human Rights Law. The court summarized the facts…

Read More NYS Human Rights Law Discrimination, Hostile Work Environment, Sexual Harassment, Constructive Discharge, Retaliation Claims Subject to Town Law’s “Notice of Claim” Requirement
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In Yuvienco v. Tom Vilsack, Secretary of Agriculture, 2024 WL 727712 (D.D.C. Feb. 22, 2024), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment claims. Initially, the court summarized the relevant black-letter law, highlighting the requirement that a plaintiff asserting such a claim “must establish that the allegedly harassing conduct complained of was…

Read More Hostile Work Environment Claims Dismissed; Allegations of Inaccurate Criticism etc. Insufficient
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In Weaver v. Bloomberg L.P., 22 Civ. 8201 (PAE), 2024 WL 693166 (S.D.N.Y. Feb. 20, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claims of race-based employment discrimination (termination). This case illustrates how courts apply the three-step McDonnell Douglas burden-shifting framework when analyzing discrimination claims. From the decision: The Court finds that…

Read More Race-Based Termination Claim Survives Summary Judgment Against Bloomberg L.P.
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In Banks v. McGlynn, Hays & Co., Inc., No. 1:19-cv-05727 (JLR) (RWL), 2024 WL 689145 (S.D.N.Y. Feb. 20, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981.  From the decision: Plaintiff points to the text message, the music event, and the car…

Read More Race-Based Hostile Work Environment Claim Dismissed, Notwithstanding “Rigger” Comment
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In Cline v. Clinical Perfusion Systems, Inc., No. 22-5107, 2024 WL 501616 (10th Cir. Feb. 9, 2024), the U.S. Court of Appeals for the Tenth Circuit, inter alia, held that the plaintiff sufficiently alleged age discrimination, and thus reversed a district court’s dismissal. From the decision: The district court erred by concluding that the FAC…

Read More Age Discrimination Sufficiently Alleged; “Inconsistent Legal Theories” Notwithstanding
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In J.F. v 110 Grill, No. EF007018/2023, 2024 N.Y. Slip Op. 24038, 2024 WL 608879 (Sup Ct, Feb. 08, 2024), the court denied defendant’s motion to stay the proceedings in this civil case until the conclusion of his criminal proceedings. Here, plaintiff alleges that the defendant sexually harassed her at their place of employment (in…

Read More Court Denies Sexual Harassment Defendant’s Motion to Stay Civil Proceedings Pending Conclusion of Criminal Case
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In Clifton Park Apartments, LLC v. New York State Division of Human Rights, No. 2, 2024 N.Y. Slip Op. 00793, 2024 WL 628036 (N.Y., Feb. 15, 2024), the New York Court of Appeals explained the “protected activity” and “adverse action” elements of a retaliation claim, in the context of a housing discrimination asserted under the…

Read More NY Court of Appeals Clarifies Retaliation Standard Applicable to Housing Discrimination Claims
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In Angelis v. Philadelphia Housing Authority, 2024 WL 643142 (E.D.Pa. Feb. 15, 2024), the court, inter alia, dismissed plaintiff’s sex discrimination claims. From the decision: Plaintiff pled that he was a member of a protected class and that he was subjected to an uncomfortable comment from a fellow Network Technician, who stated that “someone has…

Read More Title VII Sex Discrimination Claim Dismissed; One Comment Relating to Failure to Conform to Gender Stereotypes Held Insufficient
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In Breiding v. High Hopes Films, LLC, No. 152385/2023, 2024 WL 144966, 2024 N.Y. Slip Op. 30135(U) (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. From the decision: In order to…

Read More Retaliation Claims Survive Dismissal Against High Hopes Films, LLC
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In Elgalad v. New York City Department of Education, et al., 2024 WL 621617 (S.D.N.Y. Feb. 14, 2024), the court, inter alia, denied defendants’ motion for summary judgment on his retaliation claims asserted under the New York State and City Human Rights Laws. After summarizing the “black letter” law as to this claim, the court…

Read More Teacher’s Retaliation Claims Survive Summary Judgment, in Part
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