Employment Discrimination

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In Mauro v. New York City Department of Education, No. 21-2671, 2022 WL 17844438 (2d Cir. Dec. 22, 2022), the court vacated the district court’s order dismissing plaintiff’s race discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, for failure to state a claim. This decision illustrates the (relatively) low burden…

Read More Race Discrimination Claim Sufficiently Alleged; “Poor Fit” Comments Supported Allegations
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In Miller v. Longs Drugs d/b/a CVS Health, 2:22-cv-01150-JAD-VCF, 2022 WL 17721205 (D. Nev. Dec. 15, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964. From the decision: Miller alleges that the CVS Health discriminated against her based on her race. To…

Read More Race Discrimination Claim Sufficiently Alleged Against CVS Health, Court Holds
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In Garrison v. American Sugar Refining, Inc. et al, 21 CV 10917 (VB), 2022 WL 17850891 (S.D.N.Y. Dec. 22, 2022), the court held that plaintiff sufficiently alleged a race-based hostile work environment claim against defendants under the New York State Human Rights Law, but not under federal law (Title VII of the Civil Rights Act…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Under State, But Not Federal, Law
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In Mahoney v. City of Albany, No. 534635, 2022 WL 17835340 (N.Y.A.D. 3 Dept. Dec. 22, 2022), the court, inter alia, held that plaintiff’s claim of sexual harassment may proceed against an individual defendant. From the decision: Viewing the evidence in a light most favorable to plaintiff, as required on defendants’ motion for summary judgment…

Read More Sexual Harassment Claim Against Individual Defendant, Based on Sexual Comments, Proceeds
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In Dubie v. Buffalo Concrete Accessories, Inc., 21-CV-744-LJV, 2022 WL 17822125 (W.D.N.Y. Dec 20, 2022), the court dismissed plaintiff’s sexual harassment claim as not administratively exhausted at the U.S. Equal Employment Opportunity Commission (EEOC), which is a necessary first step in pursuing a claim under Title VII of the Civil Rights Act of 1964. From…

Read More Sexual Harassment Claim Dismissed as Not Administratively Exhausted
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In Reynolds v. The City of New York, 22-CV-1910 (VEC), 2022 WL 17792394 (S.D.N.Y. Dec. 19, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s First Amendment retaliation claim. From the decision: The sole cause of action in Plaintiff’s Amended Complaint alleges that the City violated 42 U.S.C. § 1983 by retaliating against…

Read More First Amendment Retaliation Claim Dismissed; Complaints About Alleged Improper Workplace Conduct Did Not Amount to Speaking as a Citizen on a Matter of Public Concern
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In Bryant v. the City of New York, No. 161047/2021, 2022 WL 17733056 (N.Y. Sup Ct, New York County Dec. 12, 2022), the court granted defendant’s motion to dismiss plaintiff’s discrimination claims under the New York State and City Human Rights Laws. From the decision: A cause of action invoking protections under both New York…

Read More Race Discrimination Claims Dismissed; Evidence of Workplace Demographics Held Insufficient
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In Vargas v. The Vons Companies, Inc. et al, 2022 WL 17685801 (Cal.App. 2 Dist. Dec. 15, 2022) (unpublished), the court, inter alia, reversed the lower court’s order granting defendant’s motion for summary judgment on plaintiff’s sexual harassment claim, against her co-worker, under California’s Fair Housing and Employment Act (FEHA). From the decision: There is…

Read More Citing Repeated Verbal Harassment, Court Reverses Summary Judgment on Plaintiff’s Sexual Harassment Claim
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In Qorrolli v. Metropolitan Dental Associates, D.D.S. – 225 Broadway, P.C. et al, 18-cv-6836 (DLC), 2022 WL 17689836 (S.D.N.Y. Dec. 15, 2022), the court granted the defendant’s motion for a new trial, primarily on the ground that the jury’s verdict was primarily based on hearsay (which, as one legal scholar has noted, is a “kind”…

Read More Citing Introduction of Hearsay, Court Orders New Trial in Sexual Harassment Case
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In Rinaldi v. Paul Mills, NICE, Christine Bonamarte, NICE Systems, Inc., NICE-Actimize, Richard Malish, Barak Eilam et al, 2022 WL 17480081 (2d Cir. Dec. 7, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. From the decision: Here, the parties do not dispute that Rinaldi established…

Read More Age Discrimination Claims Properly Dismissed; Comments re Not “Fitting In” and “Catching On” Insufficient
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