Employment Discrimination

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In a recent decision, Montgomery v. Prisma Health, No. 6:23-cv-00395-TMC, 2024 WL 449274 (D.S.C. Feb. 5, 2024), the court, inter alia, declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s claim of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After reviewing pertinent case law,…

Read More Race-Based Hostile Work Environment Survives Dismissal; Allegations Include Placement of Noose and Calling Plaintiff a “Slave”
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In Whitehead v. Florida Delivery Services, Inc., Case No. 8:22-cv-1482-WFJ-CPT, 2024 WL 418719 (M.D.Fla. Jan. 19, 2024), the court, inter alia, held that plaintiff sufficiently alleged pregnancy discrimination under Title VII of the Civil Rights Act of 1964 (including the Pregnancy Discrimination Act), and thus issued a Report and Recommendation that their motion for default…

Read More Default Judgment Warranted on Title VII Pregnancy Discrimination Claim
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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 Handler v. Dutchess County Community College, 2024 WL 343091 (S.D.N.Y. Jan. 30, 2024), the court granted defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act. In sum, plaintiff, who suffers from Tourette’s Syndrome, taught photography courses at defendant. He retired early, following allegations of sexual…

Read More Court Dismisses Tourette’s-Suffering College Instructor’s ADA Discrimination Claim
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In Davenport v. Joseph Fiordaliso et al, Civil Action No. 18-13687 (GC) (JBD), 2024 WL 343157 (D.N.J. Jan. 30, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: As to a hostile work environment, Plaintiff does not allege that anyone at the NJBPU ever used…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Frustration” Did Not Rise to the Level of Actionable Hostility
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In Gandhi v. New York State Unified Court System et al, 1:20-CV-120 (LEK), 2024 WL 365119 (N.D.N.Y. Jan. 31, 2024), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s religion-based discrimination claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that defendant engaged in religious…

Read More Title VII Religious Discrimination Claim Survives Summary Judgment; “Stray Remarks” Doctrine Held Inapplicable
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In Edwards v. CVS Health Corporation, 1:23-cv-04340 (CM), 2024 WL 308093 (S.D.N.Y. Jan. 25, 2024), the court, inter alia, granted defendant’s motion to compel arbitration of plaintiff’s sex-based hostile work environment claim asserted under the NYC Human Rights Law. In sum, the court held that the Ending Forced Arbitration of Sexual Harassment Act (EFAA) did…

Read More Court, as “No Brainer”, Compels Arbitration of Sex-Based Hostile Work Environment Claim
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In Etienne v MTA New York City Transit Authority, No. 155727/22, 1567, 2023-02797, 2024 N.Y. Slip Op. 00372, 2024 WL 330868 (N.Y.A.D. 1 Dept., Jan. 30, 2024), the New York Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims. As to plaintiff’s discrimination and hostile work environment…

Read More Race, National Origin, Religion Discrimination & Hostile Work Environment Claims Held Properly Dismissed Against the NYC Transit Authority
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In Hedvika Polonca Hribovsek v. United Cerebral Palsy of New York City et al, No. 1463, 152849/17, 2022-05615, 2024 N.Y. Slip Op. 00377, 2024 WL 330884 (N.Y.A.D. 1 Dept., Jan. 30, 2024), the court, inter alia, affirmed the denial of defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment claims. From the decision: Finally,…

Read More Hostile Work Environment Claims Survive Summary Judgment; Court Cites Accent Mocking and Excessive Monitoring
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In Moore v. Pegasus Steel, LLC, Case No. 2:22-cv-3096-RMG, 2024 WL 277779 (D.S.C. Jan. 25, 2024), the court, inter alia, adopted a Magistrate’s Report & Recommendation to deny defendant’s partial motion to dismiss plaintiff’s retaliation claim. From the decision: To establish a prima facie case of retaliation, a plaintiff must show “(1) engagement in a…

Read More Retaliation Claim Survives Dismissal; Court Cites Threat of Termination if Plaintiff Did Not Sign “Inaccurate” Disciplinary Forms
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