Constructive Discharge

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In Dobney v. The Walt Disney Company et al, 23-CV-5380 (JPO), 2024 WL 325336 (S.D.N.Y. Jan. 29, 2024), the court denied defendants’ motion to dismiss plaintiff’s various discrimination claims – including disparate treatment and constructive discharge – under the New York State and City Human Rights Laws. From the decision: First, Dobney sufficiently pleads a…

Read More Race Discrimination Claims Sufficiently Alleged; Allegations Include Burdens, Assignment of Disproportionately Heavy Workload, and Constructive Discharge
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In Walsh v. HNTB Corporation, 2023 WL 8851163 (D.Mass. Dec. 21, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment and constructive discharge (on the basis of age discrimination) in violation of the Age Discrimination in Employment Act. This decision teaches that the timing of allegedly…

Read More Age-Based Hostile Work Environment/Constructive Discharge Claim Dismissed; Alleged Discriminatory Comments Occurred 10 Months Before Resignation
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In Santana v. Yonkers City School District et al, No. 60352/2021, 2023 N.Y. Slip Op. 23386, 2023 WL 8590590 (Sup Ct, Dec. 07, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under the New York State Human Rights Law. From the decision: As to plaintiff’s…

Read More Yonkers Teacher’s Claims of Race Discrimination and Retaliation Survive Summary Judgment
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In Sadowski v. Suppi Construction, Inc., C.A. No. N22C-11-149 SPL, 2023 WL 8282052 (Del.Super. Nov. 30, 2023), the court, inter alia, held that plaintiff sufficiently alleged gender discrimination under the Delaware Discrimination in Employment Act (which, the court noted, it was interpreting consistently with Title VII of the Civil Rights Act of 1964). From the…

Read More Sex/Gender Discrimination Sufficiently Alleged; Allegations Include Male Subordinates Ignoring Female Plaintiff’s Direction
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In Dalton, Tamika v. Sweet Honey Tea, Inc. and Darrell DeShazer, No. 23 CV 01793, 2023 WL 8281524 (N.D.Ill. Nov. 30, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and local (state) law. From the…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Unwanted Sexual Advances Leading to Constructive Discharge
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In 14 Street Medical, P.C. v. Khan, No. 152388/2023, 2023 WL 7924835 (N.Y. Sup Ct, New York County Nov. 16, 2023), the court, inter alia, granted the defendant’s (here, the employee, sued for breach of contract) counterclaim for “constructive discharge” under the New York State and City Human Rights Laws. In sum, the plaintiff (a…

Read More Constructive Discharge Claims Dismissed; Alleged “Unpleasant” and “Difficult” Working Conditions Were Insufficient
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In Shah v. Shirley Ryan Abilitylab, 2023 WL 6388228 (N.D.Ill. Sept. 29, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment and constructive discharge claims. From the decision: To allege a plausible hostile work environment claim, the environment must be “both subjectively and objectively offensive,” and the conduct constituting the…

Read More “Routine Annoyances” Did Not Give Rise to Hostile Work Environment, Constructive Discharge Claims
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In Mayorga v. Ira Greenberg, NYS Division of Homeland Security and Emergency Services, 22-CV-387 (AMD) (RML), 2023 WL 6307994 (E.D.N.Y. Sept. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of discrimination (based on gender, sexual orientation, race and national origin), constructive discharge, and hostile work environment sexual harassment under the…

Read More Discrimination, Constructive Discharge, Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Against NYS Division of Homeland Security and Emergency Services
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In Tiffani Kerns v. RCS Trucking & Freight, Inc., No. 1:22-cv-1200 (RDA/IDD), 2023 WL 4868555 (E.D.Va. July 31, 2023), the court denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment sexual harassment (as well as constructive discharge) asserted under the Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged…

Read More Sexual Harassment Claim Survives Dismissal; Court Rejects Defendant’s “Myopic” Interpretation of the Hostile Work Environment Statement
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In Schwartz v. Allstate Insurance Company, 2023 WL 2742059 (E.D.N.Y. March 31, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s religion and age-based hostile work environment claims. From the decision: Even if the Court were to consider the entire record, Plaintiff’s hostile work environment claim consists, at best, of Ferrara’s single “old…

Read More Age/Religion-Based Hostile Work Environment Claims Dismissed, Notwithstanding “Old Jewish Guy” Comment
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