Employment Discrimination

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In Applewhite et al v. N.Y.C. Dept. of Education, 2024 WL 3718675 (E.D.N.Y. Aug. 8, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s failure-to-accommodate religion claim. From the decision: A plaintiff bringing a Title VII religious discrimination claim for failure to accommodate must allege that she “(1) has a bona fide religious…

Read More Failure to Accommodate Religion Claim Dismissed, Absent Allegation of Conflict Between Religious Observance and Employment Requirement
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s discrimination claim asserted under New York’s “lawful activities” discrimination law, Labor Law § 201-d. (The court did, however, deny defendants’ motion to dismiss…

Read More Instagram Post-Related Discrimination Claim, Asserted Under New York’s “Lawful Activities” Discrimination Law, Dismissed
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, and the New York State and City Human…

Read More Retaliation Claims, Predicated on Sexual Harassment Complaint, Survive Dismissal
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s various discrimination claims asserted under federal law (namely, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities…

Read More Hostile Work Environment Claims Based on Race, Gender, Sexual Orientation, and Disability Survive Dismissal
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In McWilson v. Bell Textron Inc., No. 4:23-cv-01104-P, 2024 WL 3585615 (N.D.Tex. July 30, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: McWilson filed a timely EEOC charge for a single discrete act—the…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Continuing Violation Doctrine Applied
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In Mercer v. ViacomCBS/Paramount, 22 Civ. 6322 (LGS), 2024 WL 3553133 (S.D.N.Y. July 26, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of retaliation under the Americans with Disabilities Act or Title VII of the Civil Rights Act of 1964, on the ground that she failed to exhaust her administrative remedies…

Read More ADA Retaliation Claim Dismissed as Not Exhausted at the EEOC
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In Meckeler v. Cornell University et al, 2024 WL 3535488 (N.D.N.Y. July 25, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of discrimination based on sexual orientation. From the decision: As Defendants argue, Plaintiff was able to outline many events in detail. For example, she laid out a verbatim conversation wherein…

Read More Sexual Orientation Claims Dismissed; Court Cites Absence of Detail Regarding “Derogatory Behavior” Referencing Sexual Orientation or “Gay Stereotypes”
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In Doe v. Doe, No. 155961/2020, 2024 WL 3549750 (N.Y. Sup Ct, New York County July 25, 2024), the court granted plaintiff’s motion to dismiss defendant’s counterclaims alleging the filing of a false police report and complaints to child protective services. The court summarized the facts as follows: It is undisputed that Plaintiff was employed…

Read More Court Dismisses Counterclaims for Defamation, Abuse of Process Arising Out of Alleged False Police Report and Complaints to Child Protective Services
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In Graham et al v. Cha Cha Matcha, Inc. et al, 23 Civ. 9911 (PAE), 2024 WL 3540324 (S.D.N.Y. July 25, 2024), the court, inter alia, held that plaintiffs sufficiently alleged a race-based hostile work environment claim under under 42 U.S.C. § 1981. The court summarized the black-letter law as follows: Section 1981 provides that…

Read More Race-Based Hostile Work Environment Sufficiently Alleged; Allegations Include Repeated Virulent Racial Slurs by Supervisor Over Several Months
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In Veras v. City of New York, No. 159560/2023, 2024 WL 3522161 (N.Y. Sup Ct, New York County July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of disability discrimination asserted under the New York City Human Rights Law. In sum, plaintiff – an NYPD employee – alleges that after…

Read More Disability Discrimination Claim Survives Dismissal; Allegations Include Threatening and Demeaning Comments
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