In Paul v. City of Fort Worth, Civil Action No. 4:24-cv-00913-O, 2025 WL 1287920 (N.D.Tex. May 2, 2025), the court denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Texas law.[1]Note: I am not admitted to practice law in Texas. The court summarized the black-letter law – noting that the…
Read More Hostile Work Environment Sexual Harassment Sufficiently AllegedIn Toney v. Clorox Company, No. 24-2567, 2025 WL 1201881 (9th Circuit April 25, 2025), the U.S. Court of Appeals for the Ninth Circuit, inter alia, reversed an award of summary judgment to defendant on plaintiff’s claim of wrongful termination (discrimination) based on gender. From the decision: In this employment discrimination case, we address the…
Read More 9th Circuit, Citing “Internally Inconsistent” Reasons for Termination, Reverses Summary Judgment on Gender Discrimination ClaimIn Dorilus v. DCAS, No. 101225/2023, 2025 WL 1238058 (N.Y. Sup Ct, New York County Apr. 24, 2025), the court granted defendant’s motion to dismiss plaintiff’s claim of religious discrimination under the New York State and City Human Rights Laws. From the decision: In DCAS’s supporting papers, it assumes that this cause of action is…
Read More Religious Discrimination Claim Dismissed, in Light of Failure to Identify a “Religious Belief”In Sean C.I.R. v. Nexstar Media Group Inc., No. 150543/2024, 2025 WL 944582, 2025 N.Y. Slip Op. 30975(U), 7–8 (N.Y. Sup Ct, New York County Mar. 28, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of a race-based hostile work environment under the New York State and City Human Rights Laws.…
Read More Race-Based Hostile Work Environment Claims DismissedIn Smith v. National Grid USA, 2:21-cv-6899 (NJC) (LGD), 2025 WL 1248676 (E.D.N.Y. April 30, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims. From the decision: [T]here are numerous genuine disputes of material fact concerning Smith’s hostile work environment claims—under both the higher federal standard…
Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment; Allegations Include “Shine Box” and “Monkey” CommentsIn McCardle v. District of Columbia, Case No. 19-cv-3637 (JMC), 2025 WL 1167956 (D.D.C., 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of age-based hostile work environment asserted under the Age Discrimination in Employment Act (ADEA). From the decision: The District argues that McArdle cannot establish a hostile work…
Read More Age-Based Hostile Work Environment Claim Survives Summary JudgmentIn Smart, Kathyann v. USA Labor for Hire, Inc., RC Global Energy Group, Inc., Oleg Tsimbler, No. 24-1791, 2025 WL 1217365 (2d Cir. April 28, 2025), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s denial of defendant’s motion for new trial or remittitur on plaintiff’s claims of hostile…
Read More 2nd Circuit Holds That Jury Properly Found Hostile Work Environment, Based on Racially Derogatory and Sexist Language,In Huaman v. United Airlines, Inc., No. 160784/2023, 2025 WL 1158984 (N.Y. Sup Ct, New York County Apr. 21, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s complaint asserting employment discrimination under the New York State and City Human Rights Laws. From the decision: Defendants’ motion to dismiss pursuant to CPLR 3211(a)(7)…
Read More Motion to Dismiss NYSHRL & NYCHRL Discrimination Claims Denied; “Impact” Test SatisfiedIn Wright v. White Plains Hospital Medical Center, No. 2023-05430, 64135/19, 2025 N.Y. Slip Op. 02371, 2025 WL 1173144 (N.Y.A.D. 2 Dept., Apr. 23, 2025), the court affirmed the award of summary judgment dismissing plaintiff’s claims of pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights…
Read More Pregnancy Discrimination Claims Properly Dismissed, 2nd Department HoldsIn Cohen v. Arnot Health, Inc. et al, 2025 WL 1197854 (2d Cir. April 25, 2025), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment on plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA) and the New York State Human Rights Law…
Read More Age Discrimination Claims Properly Dismissed, Absent Adverse Employment Action