Employment Discrimination

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In a recent case, Starks v. Metropolitan Transp. Authority, No. 155317/2022, 2023 WL 8035649, 2023 N.Y. Slip Op. 34133(U) (N.Y. Sup Ct, New York County Nov. 17, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race/gender discrimination complaint on the ground that it is barred under the “election of remedies” doctrine of…

Read More Dual-Filing With the EEOC and New York State Agency Did Not Trigger Election of Remedies, Court Holds
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In Bethea, Diamin v. Winfield Security Corporation, 23 Civ. 922 (AT), 2023 WL 8650004 (S.D.N.Y. Dec. 14, 2023), the court, inter alia, denied defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York…

Read More Retaliation Claims, Arising From Removal From Schedule Shortly After Pregnancy Accommodation Request, Sufficiently Alleged
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In Price v. Valvoline, LLC, 2023 WL 8664627 (5th Cir. 2023), the court, inter alia, affirmed the dismissal of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, the court held that defendant terminated plaintiff’s employment due to his repeated absenteeism (and thus affirmed the…

Read More Title VII Race-Based Hostile Work Environment Dismissal Affirmed; “Boy” and “You People” Comments Deemed Insufficient in This Case
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In Marcus v. The City of New York, No. 152651/2022, 2023 WL 8570843 (N.Y. Sup Ct, New York County Dec. 11, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based hostile work environment claim . From the decision: Defendants’ motion to dismiss plaintiffs hostile work environment claim based upon her gender is…

Read More Sex and Disability-Based Hostile Work Environment Claims Sufficiently Alleged by NYPD Sergeant, Court Holds
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In Andrade v. Cultural Care, Inc., Michael Esposito, and Danielle Esposito, 2023 WL 8622653 (E.D.N.Y. Dec. 13, 2023), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s claims of employment discrimination and hostile work environment asserted under the New York State and City Human Rights Laws. In sum, plaintiff, an au pair,…

Read More Au Pair’s Hostile Work Environment and Constructive Discharge Claims, Arising From Discovery of Hidden Camera, Survive Summary Judgment
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In Joy Stewart Acala v. Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., No. 2021-05330, 617543/19, 2023 WL 8608819 (N.Y.A.D. 2 Dept., Dec. 13, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s claims for employment discrimination asserted under the New York State and City Human Rights Laws. From the decision: “A plaintiff alleging…

Read More National Origin, Disability Discrimination Claims Properly Dismissed, Court Holds; Non-Time-Barred Claims Insufficient to Allege Claims Under NYS and NYC Human Rights Laws
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In Santana v. Yonkers City School District et al, No. 60352/2021, 2023 N.Y. Slip Op. 23386, 2023 WL 8590590 (Sup Ct, Dec. 07, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under the New York State Human Rights Law. From the decision: As to plaintiff’s…

Read More Yonkers Teacher’s Claims of Race Discrimination and Retaliation Survive Summary Judgment
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In Koonce v. Whole Foods Market Group, Inc., 2023 WL 8355926 (S.D.N.Y. Dec. 1, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under the New York State Human Rights Law. From the decision: Here, plaintiff’s allegations satisfy the minimal burden necessary to state a race discrimination claim…

Read More Race Discrimination Claim Plausibly Alleged Against Whole Foods, Court Holds
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In Beltran v. Hard Rock Hotel Licensing, Inc., 2023 WL 8430581 (Cal.App. 4 Dist., 2023), the court reversed a decision granting the defendant summary judgment on plaintiff’s claim for sexual harassment under California law.[1]NOTE: I am not licensed to practice law in California. Accordingly, this blog post is not intended to be a summary of,…

Read More Sexual Harassment Claim, Based on Allegations of Leering Gestures, Groping, Etc., Survives Summary Judgment
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In Smyth v. City of New York, No. 157294/2017, 2023 WL 8478880 (N.Y. Sup Ct, New York County Dec. 07, 2023), the court, inter alia, denied defendant’s motion for summary judgment on his claim of discrimination based on his perceived sexual orientation in violation of the New York City Human Rights Law (NYCHRL). From the…

Read More Discrimination Claim, Based on Perceived Sexual Orientation, Survives Summary Judgment Against the City of New York
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