Constructive Discharge

by

In Adeniji v. The City of New York, No. 152761/2022, 2024 WL 4939661 (N.Y. Sup Ct, New York County Nov. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims under the New York State and City Human Rights Laws. From the decision: Plaintiff opposes this prong of…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal; Allegations Include a History of Maltreatment and Denied Opportunities
Share This:
by

In Nolan Graber v. Cayuga Home For Children, 5:24-CV-468, 2024 WL 4870326 (N.D.N.Y. Nov. 22, 2024), the court, inter alia, held that plaintiff sufficiently alleged constructive discharge in violation of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: A constructive discharge occurs when…

Read More Constructive Discharge Sufficiently Alleged; Allegations Included Erosion of Role Following Participation in Age Discrimination Investigation
Share This:
by

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
Share This:
by

In Sanders v. SUNY Downstate Medical Center et al, 22 CV 4139 (KAM) (CLP), 2024 WL 4680489 (E.D.N.Y. Nov. 5, 2024), the court, inter alia, granted plaintiff’s motion to amend her complaint to add an allegation of constructive discharge. From the decision: To establish constructive discharge, a plaintiff must show that rather than discharging her…

Read More Constructive Discharge Claim Plausibly Alleged, Continued Employment For 3.5 Years Notwithstanding
Share This:
by

In Douse v. Walmart, No. 24-cv-2541, 2024 WL 3744357 (E.D.Pa. August 9, 2024), the court denied defendant’s motion to dismiss plaintiff’s age- and race-based claims of constructive discharge and hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). As to plaintiff’s discrimination/constructive…

Read More Race, Age Constructive Discharge and Hostile Work Environment Claims Sufficiently Alleged Against Walmart
Share This:
by

In Huntley v. City of New York, No. 151697/2023, 2024 WL 3070013 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claims asserted under the New York State and City Human Rights Laws. From the decision: The court further finds that Plaintiff has…

Read More NYPD Lieutenant Sufficiently Alleges Constructive Discharge, Court Holds
Share This:
by

In Huntley v. City of New York, No. 151697/2023, 2024 WL 3070013 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based discrimination and hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Here, Plaintiff pleads…

Read More NYPD Lieutenant Sufficiently Alleges Gender Discrimination
Share This:
by

In Tohidi v. City of Reading Police Department, No. 5:24-cv-0591, 2024 WL 3015514 (E.D.Pa. June 13, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act (ADA). From the decision: The City asserts that Counts I and V (disability discrimination) should be dismissed…

Read More Disability Discrimination Claim Asserted by Plaintiff With Tourette’s Syndrome, Survives Dismissal
Share This:
by

In Alegre v. The City of New York, No. 157532/2022, 2024 WL 2747895 (N.Y. Sup Ct, New York County May 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of arrest record discrimination asserted under the New York State Human Rights Law. From the decision: Finally, Defendants move to dismiss Plaintiff’s cause of…

Read More NYPD Officer Sufficiently Alleges Arrest History Discrimination Claim Under the NYS Human Rights Law
Share This:
by

In Aleasta Callahan v. Xayah Enterprises, LLC, No. 23 CV 3265, 2024 WL 2113092 (N.D.Ill. May 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge/sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that plaintiff’s sex discrimination claim is implausible because…

Read More Constructive Discharge Sufficiently Alleged; Court Cites Groping, Sexual Comment, and Threat at Gunpoint
Share This: