In Flanagan et al v. Girl Scouts of Suffolk County, Inc. et al, 23-7900-cv, 2025 WL 1501751 (2d Cir. May 27, 2025), the court, inter alia, held that plaintiff plausibly alleged race discrimination under 42 U.S.C. § 1981 and the New York State Human Rights Law (NYSHRL), and vacated a lower court order holding otherwise.…
Read More Race Discrimination Claims Plausibly Alleged; 2nd Circuit Vacates DismissalIn Wallace v. Mary Baldwin University, 2025 WL 1409860 (4th Cir. May 15, 2025), the court affirmed the lower court’s orders dismissing, for failure to sate a claim, her complaints raising claims of sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. From the decision: A plaintiff can establish a…
Read More Title VII Sex Discrimination and Retaliation Claims Properly Dismissed, 4th Circuit HoldsIn Fields v. Louis DeJoy, in his official capacity as Postmaster General of the United States, Case No.: 7:24-cv-01182-RDP, 2025 WL 1436563 (N.D.Ala. May 19, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision:…
Read More Hostile Work Environment Sexual Harassment Claim Survives DismissalIn Protopappas v. Trustees of the Spence School, Inc., No. 158193/2024, 2025 WL 1422502 (N.Y. Sup Ct, New York County May 14, 2025), the court, inter alia, denied defendants’ motion for plaintiff to provide a “more definite statement” of what is set forth in their complaint. From the decision: Defendants contend that plaintiff’s complaint is…
Read More Court Denies Motion for More Definite Statement of Employment Discrimination ComplaintIn Smith v. The City of New York, No. 153568/2024, 2025 WL 1446812 (N.Y. Sup Ct, New York County May 20, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race and arrest-history discrimination. From the decision: Under both the NYSHRL and NYCHRL, a complaint need only “give fair notice of…
Read More Race and Arrest Record Discrimination Claims Survive Dismissal Against the City of New YorkIn Lobosco v. City of New York, No. 152196/2024, 2025 WL 1446815 (N.Y. Sup Ct, New York County May 20, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s discrimination and hostile work environment claims asserted under the New York State and City Human Rights Laws. In her complaint, plaintiff “details a pervasive…
Read More Sex Discrimination & Hostile Work Environment Claims Against City of New York Survive DismissalIn Bookhart, Tyrell v. Tri-County Opportunities Industrialization Centers, Inc., No. 1:25-cv-00334, 2025 WL 1439574 (M.D.Pa. May 19, 2025), the court denied defendant’s motion to dismiss plaintiff’s complaint alleging hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: As an initial matter, the Court finds that Plaintiff…
Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Court Cites Comments About Plaintiff’s Appearance and AttireIn Norris v. Frito-Lay, Inc., CIVIL ACTION No. 24-4023-KHV, 2025 WL 1423583 (D.Kan. May 16, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, plaintiff has presented evidence that (1)…
Read More Hostile Work Environment Sexual Harassment Claims Survive Summary JudgmentIn McCrorey v. City of Philadelphia, 2025 WL 1392164 (3d Cir. May 14, 2025), the U.S. Court of Appeals for the Third Circuit, inter alia, vacated a lower court’s summary judgment dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act (ADEA). In particular, the decision is instructive as to how courts…
Read More Age Discrimination Claim Resurrected From Summary Judgment Dismissal in Light of New Muldrow StandardIn Couch v. City of Virginia Beach, ACTION NO. 2:22cv196, 2025 WL 672733 (E.D.Va. March 3, 2025), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: In determining whether alleged actions are “sufficiently severe or pervasive,” courts…
Read More Age-Based Hostile Work Environment Claim Dismissed; Yelling, Criticism, Changing Job Duties Insufficient