July 2025

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In Nurbolatova v. Universal Enterprise LLC, No. 500919/2022, 2025 WL 1930217, 2025 N.Y. Slip Op. 32497(U) (N.Y. Sup Ct, Kings County July 10, 2025), the court granted defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: A plaintiff alleging discrimination in violation…

Read More Employment Discrimination Claims Dismissed; Pretext Not Shown
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In Breiding v. High Hopes Films, LLC, No. 152385/2023, 2025 WL 1994466 (N.Y. Sup Ct, New York County July 16, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of hostile work environment, sexual harassment, and gender discrimination claims asserted under the New York State and City Human Rights Laws.…

Read More Hostile Work Environment, Sexual Harassment, Discrimination Claims Survive Summary Judgment
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As defamation has received some attention in the news lately, it is worthwhile to step back and consider what, exactly, defamation is. Defamation in New York law, encompassing both libel (written) and slander (spoken), protects individuals and entities from false statements that harm their reputation. The legal landscape of defamation in New York is significantly…

Read More Asserting a Defamation Claim in New York
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In Carrasco v. Metropolitan Transit Authority, 2025 WL 1939052 (S.D.N.Y., July 15, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under the New York Labor Law. The court summarized, and applied, the law as follows: A plaintiff alleging retaliation under the NYLL must first show “(1) [plaintiff’s] participation…

Read More NY Labor Law Retaliation Claim Survives Dismissal
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In Tracey Ellis, Jamar Mattox, and Eric King v. Oak Lawn Hyundai, Inc., d/b/a Happy Hyundai and Delila Dedic, 2025 WL 1940375 (N.D.Ill. July 15, 2025), the court, inter alia, denied defendant’s motion to dismiss a plaintiff’s race-based hostile work environment claim. From the decision: In Count II, King brings a claim for hostile work…

Read More Race-Based Hostile Work Environment Sufficiently Alleged, Even Though Some Conduct Was Not Directed at Plaintiff
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In Spann v. FedEx Freight, Inc., 2025 WL 1938355 (5th Cir. July 15, 2025), the U.S. Court of Appeals for the Fifth Circuit, inter alia, affirmed the lower court’s grant of summary judgment on plaintiff’s race- and gender-based hostile work environment claims. From the decision: A hostile work environment claim is composed of a series…

Read More Race, Gender Hostile Work Environment Claims Properly Dismissed: Fifth Circuit
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In Kean v. Brinker International, Inc., 140 F.4th 759 (6th Cir. June 17, 2025), the U.S. Court of Appeals for the Sixth Circuit vacated the lower court’s award of summary judgment to the defendant on plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA). This decision is a good example of…

Read More ADEA Age Discrimination Claim Survives Summary Judgment; Fact Issues Existed as to Whether “Culture” Rationale Was Pretext for Discrimination
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In Ophir, Gol v. Koneska Health Inc., 2025 WL 1924081 (S.D.N.Y. July 14, 2025), the court denied plaintiff’s motion to amend his complaint alleging age discrimination. From the decision: In its decision dismissing the Complaint, the Court noted that while Plaintiff successfully identified a pay disparity between Koneksa’s two oldest employees and the rest of…

Read More Court Denies Plaintiff’s Motion to Amend Age Discrimination Complaint
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In Abraham v. New York City, No. 154577/2024, 2025 WL 1907928 (N.Y. Sup Ct, New York County July 10, 2025), the court, inter alia, held that the “joint employer” doctrine did not apply, and thus granted defendants’ motion to dismiss plaintiff’s employment discrimination claims against defendants New York City and the New York City Department…

Read More Joint Employment Doctrine Held Not to Apply to Municipal Defendants
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In McCarty v. City of Alexandria, 2025 WL 1899987 (E.D.Va. July 9, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: The essence of Plaintiff’s race-based hostile work environment claim is that she was generally treated less favorably than her white co-workers, could not access…

Read More Conduct, While “Professionally Frustrating”, Did Not Amount to Race-Based Hostile Work Environment
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