In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. From the decision: To state a claim for retaliation under Section 1981, a plaintiff must plead: “(i) she engaged in…
Read More Section 1981 Retaliation Claim Survives DismissalIn Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. In sum, plaintiff, a Hispanic woman who worked as a JFK Airport barista, alleged (among other things) that her…
Read More Hispanic JFK Barista Sufficiently Alleges Race Discrimination Under 42 U.S.C. § 1981The term “hate speech” is a common fixture in modern discourse, often used to describe offensive, bigoted, or hateful expression. But what is its legal standing in the United States? The answer, as many First Amendment scholars will tell you, is far from simple. In short, there is no legal definition of “hate speech” in…
Read More The First Amendment and “Hate Speech”: A Complex Legal LandscapeIn Brown v. Fat Dough Incorp. doing business as Dominos Pizza, 2025 WL 2663170 (N.D.N.Y. Sept. 17, 2025), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of sexual harassment asserted under Title VII of the Civil Rights Act of 1964. This decision illustrates that even “inappropriate behavior” may fall below…
Read More Title VII Sexual Harassment Claim, Based on “Inappropriate” Comments, DismissedAs a plaintiff-side employment lawyer in New York, I’ve heard it all. From whispers in the breakroom to explosive arguments in a manager’s office, the stories of “workplace drama” are as varied as the clients who share them. But here’s the truth: what many people dismiss as mere “drama” can actually be a sign of…
Read More Navigating the Storm: A Plaintiff-Side Employment Lawyer’s Guide to “Workplace Drama”In Pullman et al v. Collins et al, No. 24-CV-1383 (KMK), 2025 WL 2673807 (S.D.N.Y. Sept. 18, 2025), the court, inter alia, denied defendants’ motion to dismiss a plaintiff’s claim of hostile work environment sexual harassment asserted under the New York State Human Rights Law. From the decision: Next, Defendants argue that Dinsmore has failed…
Read More Sexual Harassment Claim Sufficiently Alleged Under Recently-Amended NYS Human Rights Law, Court HoldsIn Mimitz v. Safe Haven Security Services, LLC, 2025 WL 2650441 (Conn.Super. Sept. 9, 2025), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. From the decision: The defendant moves for summary judgment on the ground that there exists no genuine issue of material fact as to the…
Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Alleged “Vulgar” Language InsufficientIn Laporte, Jose v. Sullivan, Brian, 1:24-cv-1124 (ECC/DJS), 2025 WL 2645531 (N.D.N.Y. Sept. 15, 2025), the court denied defendant’s motion to dismiss plaintiff’s – a dark-skinned Hispanic man – claim of race/national origin discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment and 42 U.S.C § 1983. From the decision: Plaintiff argues…
Read More Upstate Hispanic Correction Officer Sufficiently Alleges Race & National Origin DiscriminationIn Delgado v. Donald Trump for President, Inc., Sean Spicer, Reince Priebus, Stephen Bannon, 19 Civ. 11764 (AT), 2025 WL 2636259 (S.D.N.Y. Sept. 11, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s pregnancy discrimination claims asserted under the New York State Human Rights Law (NYSHRL) and the New York City…
Read More Pregnancy Discrimination Claims Against Trump Campaign Survive Summary JudgmentIn Frantz v. XL Diamonds LLC, No. 151672/2022, 2025 WL 1994469, 2025 N.Y. Slip Op. 32697(U) (N.Y. Sup Ct, New York County July 16, 2025), the court granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. From the decision: Both Executive Law §…
Read More Disability Discrimination Claims Dismissed; Brief Illness Was Not a “Disability” Under NYS or NYC Human Rights Laws