Employment Discrimination

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In a recent decision, Young v. Colorado Department of Corrections et al, No. 22-cv-00145-NYW-KLM, 2023 WL 1437894 (D.Colo. Feb. 1, 2023), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Generally, in order to prevail on a hostile work environment claim (under…

Read More Mandatory Trainings Using Terms Such as “White Fragility” & “White Supremacy” Did Not Give Rise to Hostile Work Environment Claim, Court Holds
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In New York State Division of Human Rights v. Boro Park Senior Living Community, LLC, No. 2020-06565, 522888/19, 2023 N.Y. Slip Op. 00425, 2023 WL 1425578 (N.Y.A.D. 2 Dept., Feb. 01, 2023), the court, inter alia, confirmed the determination of the New York State Division of Human Rights awarding the complainant damages arising from discrimination…

Read More Pregnancy Discrimination Award Confirmed Against Boro Park Senior Living Community LLC
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In Ortiz v. Federal Bureau of Prisons et al, 2023 WL 1447920 (E.D.Cal. Feb. 1, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law governing this claim, the court applied it…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Yelling, Glaring, Etc. Insufficient
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In Skinner v. American Pollution Control Corp, 2023 WL 186950 (W.D.La. Jan. 13, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. This case involves repeated use of the “N word” in the presence of plaintiff, an African American man. From the decision: AMPOL also argues…

Read More Race-Based Hostile Work Environment Claim, Based on Survives Summary Judgment
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In Opara v. Yellen, 2023 WL 193678 (9th Cir. Jan. 17, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s national origin discrimination claim. As in many, if not most, employment discrimination cases, the plaintiff failed to establish that, even assuming plaintiff established a prima facie case of discrimination, they failed to demonstrate that…

Read More National Origin Discrimination Claim Properly Dismissed, Ninth Circuit Concludes
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In Walker v. Northern Pipe & Supply, LLC, Dkt. No. HHD-CV-19-6119581-S, 2023 WL 196032 (Conn. Super. January 11, 2023), the court, inter alia, held that plaintiff presented sufficient evidence to survive summary judgment on her hostile work environment sexual harassment  and other related claims. From the decision: The defendants argue that there is insufficient evidence…

Read More Sexual Harassment, Constructive Discharge, Negligent Hiring/supervision Claims Survive Summary Judgment; Evidence Included Penis, Boobs, Bikini Comments
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In Syeed v. Bloomberg L.P., 2023 WL 350565 (2d Cir. Jan. 23, 2023), the court addressed, and certified to the New York Court of Appeals, the following question: Whether a nonresident plaintiff not yet employed in New York City or State satisfies the NYCHRL or NYSHRL impact requirement if the plaintiff pleads and later proves…

Read More Second Circuit Certifies Question of Geographic Applicability of NYS and NYC Human Rights Laws to NY Court of Appeals
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In Gardner-Alfred v. Federal Reserve Bank of New York, 2023 WL 253580 (S.D.N.Y. Jan. 26, 2023), the court, inter alia, permitted plaintiff’s religious discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, to continue. This decision is instructive as to what constitutes “religion” within the meaning of Title VII: Gardner-Alfred has…

Read More Title VII Religious Discrimination Claim, Arising From Termination Due to Vaccine Refusal, Survives Dismissal
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In Jahan v. New York City Health and Hospitals Corp., No. 158707/2021, 2023 WL 173200, 2023 N.Y. Slip Op. 30107(U) (N.Y. Sup Ct, New York County Jan. 11, 2023), the court, inter alia, held that plaintiff – a woman of Indian ethnicity, Muslim religion, and Bangladesh national origin – sufficiently alleged a hostile work environment…

Read More Hostile Work Environment Claim, Based in Part on Alleged Harassment During Ramadan, Survives Dismissal
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In Brown v. New York City Dept. of Educ., No. 157642/2020, 2023 WL 173201, 2023 N.Y. Slip Op. 30106(U) (N.Y. Sup Ct, New York County Jan. 12, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s national origin discrimination claims (in part) against the NYC Dept. of Education. From the decision: With respect…

Read More National Origin Discrimination Claims Proceed Against NYC Dept. of Education
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