In Anderson v. City of New York, 2024 WL 183103 (S.D.N.Y. Jan. 17, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claims. As to plaintiff’s claim under Title VII of the Civil Rights Act of 1964, the court explained: Plaintiff alleges after FDNY assigned her to the morning shift,…
Read More FDNY Paramedic’s Hostile Work Environment Claims DismissedIn Sanchez v. Hersha Hospitality Trust, No. 155483/2022, 2024 WL 129992 (N.Y. Sup Ct, New York County Jan. 11, 2024), the court, inter alia, held that plaintiff sufficiently asserted a claim of discrimination based on criminal conviction history under the New York City Human Rights Law. From the decision: Plaintiff has sufficiently pled a prima…
Read More NYCHRL Discrimination Claim, Based on Conviction Record, Survives DismissalIn Doe v. New York City Department of Education and Mark Waltzer, 2024 WL 149289 (E.D.N.Y. Jan. 12, 2024), the court, inter alia, denied defendants’ motion for summary judgment as to plaintiff’s claims of sex-based discrimination asserted under the New York City Human Rights Law. This case arises from plaintiff Doe’s allegations that, when she…
Read More Student’s NYC Human Rights Law Sexual Harassment Claim Survives Summary JudgmentIn Santiago et al v. The City of New York, No. 159551/2021, 2024 WL 144971 (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied the defendants’ motion to dismiss (some) plaintiffs’ claims of sex-based hostile work environment asserted under the New York State and City Human Rights Laws. In sum,…
Read More Female Plaintiffs’ Sex-Based Hostile Work Environment Claims, Arising From Sexual Harassment by Inmates, Survive DismissalIn Breiding v. High Hopes Films, LLC, No. 152385/2023, 2024 WL 144966 (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of sex discrimination and sexual harassment under the New York State and New York City Human Rights Law. From the decision: It is…
Read More Sexual Harassment, Sex Discrimination Claims Survive Dismissal Against High Hopes Films, LLC, Court RulesIn Swanson v. Lilly USA, LLC, Case No. 1:23-cv-00831-TWP-TAB (S.D. Ind. Jan. 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The ADEA makes it unlawful “for an employer to fail or refuse to hire or to…
Read More Age Discrimination Claim Sufficiently Pled; Allegations Include Replacement by Substantially Younger PersonIn De Piero v. Pennsylvania State University et al, CIVIL ACTION NO. 23-2281, 2024 WL 128209 (E.D.Pa. January 11, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964, 42…
Read More White Penn State Professor Sufficiently Alleges Race-Based Hostile Work Environment ClaimsIn Foxworth v. Denis McDonough, 2024 WL 111761 (D.D.C. Jan. 10, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Court cannot conclude at this point that Foxworth has established a…
Read More Potential Need For Additional Discovery, Including Supervisor’s Testimony, Warrants Denial of Summary Judgment on Title VII Sex Discrimination & Retaliation ClaimsIn Nuñez-Renck v. International Business Machines Corporation (IBM), 2023 WL 8464950 (N.D.Tex. Dec. 6, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to what a complaint alleging a hostile work environment claim…
Read More Title VII Hostile Work Environment Claim Dismissed; Mere Reference to “Harassment” InsufficientIn Seemungal v New York State Department of Financial Services, No. 1087, 151495/21, 2022-02913, 2023 N.Y. Slip Op. 06341, 2023 WL 8587657 (N.Y.A.D. 1 Dept., Dec. 12, 2023), the court – citing the “liberal construction” which must be applied to pleadings when ruling on a motion to dismiss – reversed a lower court’s dismissal of…
Read More Sex Discrimination, Retaliation Claims Resurrected From Dismissal in Suit Against NYS Dept. of Financial Services