Employment Discrimination

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In Maryam v. LSG Sky Chefs, No. 1:23-cv-914-SDG, 2024 WL 1195535 (N.D.Ga. March 20, 2024), the court held that plaintiff pled sufficient facts to support a sex discrimination claim, based on a tangible employment action harassment theory, in violation of Title VII of the Civil Rights Act of 1964. From the decision: Sexual harassment in…

Read More Title VII Tangible Action Sexual Harassment Claim Sufficiently Alleged, Court Holds
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In Latif v. The City of New York et al, 20 Civ. 8248 (AT), 2024 WL 1348827 (S.D.N.Y. March 28, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of hostile work environment under the New York City Human Rights Law. Among other things, the plaintiff “alleges that she was the target…

Read More Plaintiff Sufficiently Alleges Race Discrimination Under City, But Not Federal or State, Law, Court Holds
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In Howard v. State of Arizona et al, 2024 WL 1619400 (D.Ariz. April 15, 2024), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII is not meant as “a general civility code” and “sporadic use of abusive…

Read More Title VII Race/Sex-Based Hostile Work Environment Claims Dismissed; Single Incident Held Insufficient
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In Muldrow v. City of St. Louis, Missouri, 2024 WL 1642826 (U.S. April 17, 2024), the U.S. Supreme Court (in an opinion authored by Justice Kagan) held that, in the context of a claim of discrimination in a form of a transfer (here, because of the plaintiff’s sex) in violation of Title VII of the…

Read More U.S. Supreme Court Clarifies Standard For Title VII Discriminatory Transfer Claims
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In Defranco v. New York Power Authority, 20-CV-1861-LJV, 2024 WL 1621533 (W.D.N.Y. April 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability (hearing impairment) based hostile work environment asserted under the Americans with Disabilities Act and the New York State Human Rights Law. From the decision: This Court finds that the…

Read More Hearing Impairment-Based Hostile Work Environment Claim Survives Dismissal
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In Mayorga v. Diet Center LLC d/b/a Heart Attack Grill, 2024 WL 1574362 (9th Cir. April 11, 2024), the court affirmed the lower court’s award of summary judgment on plaintiff’s employment discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Even though the First Amended Complaint (“FAC”) alleges…

Read More Title VII Hostile Work Environment and Constructive Discharge Claims Properly Dismissed, Ninth Circuit Holds
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In Argoti v. Equinox Holdings, Inc., No. 152903/2019, 2024 WL 1599371 (N.Y. Sup Ct, New York County Apr. 10, 2024), the court, inter alia, denied defendant’s motion for summary judgment seeking dismissal of plaintiff’s claim of discrimination based on plaintiff’s disability and domestic violence status asserted under the New York City Human Rights Law. From…

Read More Domestic Violence Victim Status Discrimination Claim Against Equinox Survives Summary Judgment
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The New York City Council recently approved an amendment to the New York City Human Rights Law to ensure that employers may not, by agreement, subject a discrimination claim to a shorter statute of limitations than provided by the statute. Specifically, the new law, Int. No. 69-A, amends Section 8-109 of the Administrative Code of…

Read More NYC Council Votes to Amend NYC Human Rights Law to Render Void Any Provision Seeking to Shorten the Statute of Limitations
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In Perez v. RJR Maintenance Group Inc., No. 652938/2023, 2024 WL 1532761 (N.Y. Sup Ct, New York County Apr. 5, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under the New York State and City Human Rights Laws. In reaching its conclusion, the court employed the “joint employer”…

Read More Applying “Joint Employer” Doctrine, Court Denies Motion to Dismiss National Origin Discrimination Claims
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