In Higgins v. Gladstone Gallery LLC, No. 150934/2022, 2024 WL 2244767 (N.Y. Sup Ct, New York County May 14, 2024), inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: In the amended complaint, plaintiff alleges that she complained to…
Read More Retaliation Claims Survive Dismissal Against Gladstone GalleryIn Patel v Macy’s Inc., No. 2022-05009, 2326, 650755/22, 2024 N.Y. Slip Op. 02782, 2024 WL 2279130 (N.Y.A.D. 1 Dept., May 21, 2024), the Appellate Division, First Department affirmed the lower court’s order denying the petitioner’s petition to vacate an arbitration award and granted respondents’ counterclaim to confirm the award. This decision is instructive on…
Read More Arbitration Award, Dismissing Retaliation Claim, Affirmed, Notwithstanding Omission of “Cat’s Paw” Discrimination TheoryIn Thomas v. City of New York, No. 159891/2022, 2024 WL 2274935 (N.Y. Sup Ct, New York County May 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: The City next moves to dismiss Plaintiff’s second…
Read More NYPD Officer Sufficiently Alleges Disability-Based Hostile Work Environment Under the NYC Human Rights LawIn Chin v. New York City Department of Corrections and The City of New York, 23-CV-5268 (AMD) (JAM), 2024 WL 2258033 (E.D.N.Y. May 17, 2024), the court denied defendants’ motion to dismiss plaintiff’s retaliation claims, asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law, against…
Read More Retaliation Claim, Arising From Alleged Retaliation Less Than Two Months After EEOC Found That Complaint Had Merit, Sufficiently Alleged Against City of New YorkIn Aleasta Callahan v. Xayah Enterprises, LLC, No. 23 CV 3265, 2024 WL 2113092 (N.D.Ill. May 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Defendants first argue that plaintiff cannot adequately plead…
Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Forceful Buttocks GrabbingIn Aleasta Callahan v. Xayah Enterprises, LLC, No. 23 CV 3265, 2024 WL 2113092 (N.D.Ill. May 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge/sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that plaintiff’s sex discrimination claim is implausible because…
Read More Constructive Discharge Sufficiently Alleged; Court Cites Groping, Sexual Comment, and Threat at GunpointIn McDermott v. The Bd./Dept. of Educ. of the City of New York, No. 159989/2022, 2024 WL 2214288 (N.Y. Sup Ct, New York County May 16, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of age discrimination under the New York State and City Human Rights Laws. From the decision: Even…
Read More Teacher’s Age Discrimination Claim DismissedIn Sanders v Cooperatieve Rabobank U.A., No. 158104/18, 2023-00393, 2136, 2024 N.Y. Slip Op. 02264, 2024 WL 1774512 (N.Y.A.D. 1 Dept., Apr. 25, 2024), the court affirmed the lower court’s order granting defendant’s motion for summary judgment on plaintiff’s age discrimination claim under the New York City Human Rights Law. From the decision: Defendant submitted…
Read More Age Discrimination Claim Properly Dismissed, Positive Performance Reviews NotwithstandingIn Amendola v. The City of New York, No. 501349/2023, 2024 WL 2155155 (N.Y. Sup Ct, Kings County May 13, 2024), the court denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate disability discrimination claim. From the decision: Plaintiff has sufficiently pleaded that defendants failed to accommodate her disability under the City HRL. The Amended Complaint adequately…
Read More NYPD Officer Sufficiently Alleges Failure to Accommodate Disability Under the NYC Human Rights LawIn Howell v. Northwest Mississippi Community College, CASE NO. 3:23CV33-MPM-DAS, 2024 WL 1611897 (N.D.Miss. April 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of age discrimination (in violation of the Age Discrimination in Employment Act) arising from the non-renewal of plaintiff’s contract as head women’s basketball coach. In…
Read More Affidavit Constituted Direct Evidence of Age Discrimination; Summary Judgment Denied