Employment Discrimination

In J.F. v 110 Grill, No. EF007018/2023, 2024 N.Y. Slip Op. 24038, 2024 WL 608879 (Sup Ct, Feb. 08, 2024), the court denied defendant’s motion to stay the proceedings in this civil case until the conclusion of his criminal proceedings. Here, plaintiff alleges that the defendant sexually harassed her at their place of employment (in…

Read More Court Denies Sexual Harassment Defendant’s Motion to Stay Civil Proceedings Pending Conclusion of Criminal Case
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In Angelis v. Philadelphia Housing Authority, 2024 WL 643142 (E.D.Pa. Feb. 15, 2024), the court, inter alia, dismissed plaintiff’s sex discrimination claims. From the decision: Plaintiff pled that he was a member of a protected class and that he was subjected to an uncomfortable comment from a fellow Network Technician, who stated that “someone has…

Read More Title VII Sex Discrimination Claim Dismissed; One Comment Relating to Failure to Conform to Gender Stereotypes Held Insufficient
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In Breiding v. High Hopes Films, LLC, No. 152385/2023, 2024 WL 144966, 2024 N.Y. Slip Op. 30135(U) (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. From the decision: In order to…

Read More Retaliation Claims Survive Dismissal Against High Hopes Films, LLC
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In Elgalad v. New York City Department of Education, et al., 2024 WL 621617 (S.D.N.Y. Feb. 14, 2024), the court, inter alia, denied defendants’ motion for summary judgment on his retaliation claims asserted under the New York State and City Human Rights Laws. After summarizing the “black letter” law as to this claim, the court…

Read More Teacher’s Retaliation Claims Survive Summary Judgment, in Part
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In Dixon v. City of New York, No. 161050/2022, 2024 WL 580659 (N.Y. Sup Ct, New York County Feb. 13, 2024), the court, inter alia, dismissed plaintiff’s retaliation claim asserted under the New York City Human Rights Law. From the decision: With respect to plaintiff’s retaliation claim, the court notes that plaintiff proffers no arguments…

Read More Court Dismisses Retaliation Claim, Citing Lack of Specificity as to When Plaintiff Voiced Complaints of Discrimination etc.
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In Ruiz v. Armstrong, No. 508834/2017, 2024 WL 514006 (N.Y. Sup Ct, Kings County Feb. 02, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and national origin discrimination asserted under the New York State and City Human Rights Laws. From the decision: [A]t the motion to dismiss phase, a…

Read More Terminated Hispanic Teacher Sufficiently Alleges Race/National Origin Discrimination, Court Holds
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In Ferrara v. Sterling, Inc., No. 23-0454-cv, 2024 WL 485742 (2d Cir. Feb. 8, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to defendant on plaintiff’s age-based hostile work environment claims. The court held that even if the plaintiff had established the existence of a…

Read More Application of Faragher/Ellerth Defense Justifies Summary Judgment Dismissal of Age-Based Hostile Work Environment Claims, Second Circuit Holds
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In Gregori, Antonio v. Hometown Foods USA, LLC, No. 23-cv-23356-ALTMAN/Reid, 2024 WL 474374 (S.D.Fla. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s –  Hispanic male of Peruvian national origin – claim of race discrimination asserted under 42 U.S.C. § 1981. From the decision: Having determined that the Plaintiff needn’t identify…

Read More Plaintiff Sufficiently Alleges Discrimination Under 42 U.S.C. § 1981 Based on Offensive and Derogatory Remarks, Court Finds
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In Izabel v. Robert B. Downing, Chief Usher at the Executive Residence, Civil Action No. 22-cv-2898 (CJN), 2024 WL 474261 (D.D.C. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race- and sex- based hostile work environment claim. From the decision: The government contends that the various incidents that Izabel complains…

Read More First Female White House Butler Sufficiently Alleges Race, Sex-Based Hostile Work Environment Claims
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In Norman v. Exxon Mobil Corporation, No. 23-00330-BAJ-EWD, 2024 WL 477521 (M.D.La. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. Initially, the court found that plaintiff’s allegations regarding nooses found at his workplace cannot support his hostile work environment claim, given his admission that he…

Read More Race-Based Hostile Work Environment Claim, Based on Racial Caricature, Survives Dismissal
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