Employment Discrimination

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In Ferrara v. Sterling, Inc., No. 23-0454-cv, 2024 WL 485742 (2d Cir. Feb. 8, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to defendant on plaintiff’s age-based hostile work environment claims. The court held that even if the plaintiff had established the existence of a…

Read More Application of Faragher/Ellerth Defense Justifies Summary Judgment Dismissal of Age-Based Hostile Work Environment Claims, Second Circuit Holds
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In Gregori, Antonio v. Hometown Foods USA, LLC, No. 23-cv-23356-ALTMAN/Reid, 2024 WL 474374 (S.D.Fla. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s –  Hispanic male of Peruvian national origin – claim of race discrimination asserted under 42 U.S.C. § 1981. From the decision: Having determined that the Plaintiff needn’t identify…

Read More Plaintiff Sufficiently Alleges Discrimination Under 42 U.S.C. § 1981 Based on Offensive and Derogatory Remarks, Court Finds
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In Izabel v. Robert B. Downing, Chief Usher at the Executive Residence, Civil Action No. 22-cv-2898 (CJN), 2024 WL 474261 (D.D.C. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race- and sex- based hostile work environment claim. From the decision: The government contends that the various incidents that Izabel complains…

Read More First Female White House Butler Sufficiently Alleges Race, Sex-Based Hostile Work Environment Claims
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In Norman v. Exxon Mobil Corporation, No. 23-00330-BAJ-EWD, 2024 WL 477521 (M.D.La. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. Initially, the court found that plaintiff’s allegations regarding nooses found at his workplace cannot support his hostile work environment claim, given his admission that he…

Read More Race-Based Hostile Work Environment Claim, Based on Racial Caricature, Survives Dismissal
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In a recent decision, Montgomery v. Prisma Health, No. 6:23-cv-00395-TMC, 2024 WL 449274 (D.S.C. Feb. 5, 2024), the court, inter alia, declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s claim of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After reviewing pertinent case law,…

Read More Race-Based Hostile Work Environment Survives Dismissal; Allegations Include Placement of Noose and Calling Plaintiff a “Slave”
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In Whitehead v. Florida Delivery Services, Inc., Case No. 8:22-cv-1482-WFJ-CPT, 2024 WL 418719 (M.D.Fla. Jan. 19, 2024), the court, inter alia, held that plaintiff sufficiently alleged pregnancy discrimination under Title VII of the Civil Rights Act of 1964 (including the Pregnancy Discrimination Act), and thus issued a Report and Recommendation that their motion for default…

Read More Default Judgment Warranted on Title VII Pregnancy Discrimination Claim
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In Dobney v. The Walt Disney Company et al, 23-CV-5380 (JPO), 2024 WL 325336 (S.D.N.Y. Jan. 29, 2024), the court denied defendants’ motion to dismiss plaintiff’s various discrimination claims – including disparate treatment and constructive discharge – under the New York State and City Human Rights Laws. From the decision: First, Dobney sufficiently pleads a…

Read More Race Discrimination Claims Sufficiently Alleged; Allegations Include Burdens, Assignment of Disproportionately Heavy Workload, and Constructive Discharge
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In Handler v. Dutchess County Community College, 2024 WL 343091 (S.D.N.Y. Jan. 30, 2024), the court granted defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act. In sum, plaintiff, who suffers from Tourette’s Syndrome, taught photography courses at defendant. He retired early, following allegations of sexual…

Read More Court Dismisses Tourette’s-Suffering College Instructor’s ADA Discrimination Claim
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In Davenport v. Joseph Fiordaliso et al, Civil Action No. 18-13687 (GC) (JBD), 2024 WL 343157 (D.N.J. Jan. 30, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: As to a hostile work environment, Plaintiff does not allege that anyone at the NJBPU ever used…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Frustration” Did Not Rise to the Level of Actionable Hostility
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In Gandhi v. New York State Unified Court System et al, 1:20-CV-120 (LEK), 2024 WL 365119 (N.D.N.Y. Jan. 31, 2024), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s religion-based discrimination claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that defendant engaged in religious…

Read More Title VII Religious Discrimination Claim Survives Summary Judgment; “Stray Remarks” Doctrine Held Inapplicable
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