In Lugo v. Jfk Cartage, Inc., No. 704862/22, 2022 WL 17733500 (N.Y. Sup Ct, Queens County Nov. 23, 2022), the court denied defendant’s motion to dismiss plaintiff’s claims of employment discrimination asserted under the New York State Human Rights Law. From the decision: On a motion to dismiss for failure to state a cause of…
Read More Age Discrimination Complaint Passes Muster Under the NYS Human Rights LawIn Anderson v. US Polymers-Accurez, LLC, Case No. 4:22-cv-1022-MTS, 2022 WL 17496062 (E.D.Mo. Dec. 8, 2022), the court denied defendant’s motion to dismiss plaintiff’s complaint alleging race discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. This case is instructive as to how courts assess the pleading sufficiency…
Read More Race Discrimination Claims Sufficiently Alleged; Forced Transfer May Constitute an “Adverse Employment Action”In Dusel v. Factory Mutual Insurance Company, 52 F.4th 495 (1st Cir. Nov. 1, 2022) – an age discrimination case – the court, inter alia, held that the lower court did not abuse its discretion in finding that evidence of pornographic and sexually explicit materials discovered within employee’s paper files after he was terminated qualified…
Read More Post-Termination Discovery of Pornographic Materials Qualified as “After-Acquired Evidence” in Discrimination CaseIn Tatas v. Ali Baba’s Terrace, Inc. et al, 2022 WL 18027620, (S.D.N.Y. Dec. 30, 2022), the court, inter alia, denied defendants’ motion for reconsideration of the court’s prior order that there existed a genuine issue of material fact on plaintiff’s race and national origin discrimination claims. In sum, in this case the plaintiff (who…
Read More National Origin Discrimination Claim Proceeds; National Origin of Alleged Discriminator Was Not a “Material” IssueIn Davis v. Dawgs of St. John, Inc., d/b/a Sundog Café et al, Case No. 3:20-cv-0112, 2022 WL 17735829 (D.Virgin Islands Dec. 16, 2022), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of…
Read More Hostile Work Environment Sexual Harassment Claim, Based on Alleged Vulgar Comments, Survives DismissalIn Parker v. Israel Discount Bank of New York, Inc., No. 21-CV-7196 (VEC), 2022 WL 16833626 (S.D.N.Y. Nov. 9, 2022), the court discussed and applied the “administrative exhaustion” requirement for asserting a claim in court under Title VII of the Civil Rights Act of 1964. Specifically, it denied plaintiff’s motion to amend her complaint to…
Read More “Passing References” to Gender in EEOC Charge Insufficient to Exhaust Administrative Remedy; Leave to Amend Complaint Denied as FutileIn Jackson v. Beacon City School District, No. 19-CV-08164 (PMH), 2022 WL 17904563 (S.D.N.Y. Dec. 23, 2022), 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. From the decision: With respect to Plaintiff’s hostile work environment claim, Plaintiff has failed…
Read More Delayed Paycheck Insufficient to Make Out Hostile Work Environment Claim, Court HoldsA recent decision, Dominguez v. Malecon Shipping, Inc., 2022 NY Slip Op 07221 (N.Y. App. Div. 2nd Dept. Dec. 21, 2022), illustrates what happens, procedurally, when a defendant’s answer is stricken. From the decision: In May 2018, the plaintiff commenced this action, inter alia, to recover unpaid wages, and damages for violations of the Labor…
Read More Sex Discrimination Case Should Have Been Limited to Damages Only Following Stricken Complaint, Court HoldsIn Gazaway v. Rims USA LLC d/b/a RNR Tire Express, No. 1:21-cv-44, 2022 WL 17869144 (E.D.Tenn. Dec. 22, 2022), the court, inter alia, held that plaintiff presented sufficient facts such that a reasonable jury could conclude she was subjected to sexual harassment (of the “hostile work environment” type), as well as whether defendant may successfully…
Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Lewd Snapchat MessagesIn Alkins v. City of New York, No. 160778/2021, 2022 WL 17811985, 2022 N.Y. Slip Op. 34284(U) (N.Y. Sup Ct, New York County Dec. 19, 2022), the court, inter alia, held that plaintiff sufficiently alleged claims for race discrimination under the New York State and City Human Rights Laws. From the decision: The Amended Complaint…
Read More Race Discrimination Claims, Based on Denial of Work-From-Home Request, Sufficiently Alleged