Employment Law

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In Lopez v Trahan, No. 155637/20, 2024-04221, 3523, 2025 N.Y. Slip Op. 00274, 2025 WL 208694 (N.Y.A.D. 1 Dept., Jan. 16, 2025), the Appellate Division, First Department, inter alia, unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s age discrimination claim under the New York City Human Rights Law. From…

Read More Age Discrimination Claim Survives Summary Judgment; Evidence Included “Old”, “Slow”, “Old Hag” Comments
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In Campbell v. Authentic Brands Group LLC, No. 155160/2020, 2025 WL 104601 (N.Y. Sup Ct, New York County Jan. 15, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s cause of action for sex-based discrimination against certain defendants. From the decision: Campbell has sufficiently stated a cause of action for sex-based discrimination against…

Read More Sex-Based Discrimination Sufficiently Alleged; Allegations Included Comments About Appearance and Hair Touching
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In Alston v. New York City Department of Education, 24 Civ. 0009 (DEH), 2025 WL 104407 (S.D.N.Y. Jan. 15, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s discriminatory termination claims. The court explained and applied the so-called “cat’s paw” theory of liability. From the decision: Plaintiff’s various employment discrimination claims concerning her…

Read More Court Rejects “Cat’s Paw” Theory of Discrimination
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In Bhuiyan v. Department of Treasury, 2025 WL 79634 (S.D.Ohio Jan. 13, 2025), the court adopted a Magistrate Judge’s Report & Recommendation granting defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: “Sexual harassment that results in a ‘hostile…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed, Buttcrack Exposure Notwithstanding
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In Separ v. County of Nassau, 2025 WL 51206 (E.D.N.Y. Jan. 8, 2025), the court denied defendant’s motion to enforce a settlement agreement/breach of the settlement agreement. The court outlined the facts as follows: The parties achieved a settlement in principle in this employment discrimination case during a settlement conference held before the undersigned on…

Read More Discrimination Plaintiff’s Failure to Sign Confidentiality & Non-Disparagement Acknowledgment Renders Settlement Agreement Ineffective
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In Acosta v. Kennedy Children’s Center, 24 Civ. 3358, 2025 WL 70141 (S.D.N.Y. Jan. 10, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL). From…

Read More PTSD-Related Disability Discrimination Claims Sufficiently Alleged, Court Holds
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In Rogers v. Voltron Data, Inc., Civil Action No.: 24-84 (RC), 2024 WL 4647644 (D.D.C. Oct. 31, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and sex discrimination. The court rejected defendants’ allegations that plaintiff’s allegations were “threadbare”, explaining: [Plaintiff’s complaint] contains plenty of “factual matter, accepted as true,…

Read More Race, Sex Discrimination Claims Plausibly Alleged; Allegations Include Less Compensation and Denial of Superior Title
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In Rios v. Max Mara USA Inc. et al, No. 23-CV-9839 (LAP), 2025 WL 66502 (S.D.N.Y. Jan. 10, 2025), the court, inter alia, granted defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Pretend Breast “Motorboating” Insufficiently “Severe”
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In Woo v. The City of New York, No. 161109/2022, 2025 WL 65869 (N.Y. Sup Ct, New York County Jan. 8, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s quid pro quo and hostile work environment sexual harassment claims. From the decision: The issue in a quid pro quo sexual harassment case brought…

Read More Sexual Harassment Claims Survive Dismissal; Allegations Included That Punitive Assignments Followed Drink Request Refusal
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In Dixon v. City of New York, 23-cv-8941 (JGK), 2025 WL 50140 (S.D.N.Y. Jan. 7, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claims. This decision illustrates that generalized objectionable conduct – such as what might be considered “verbal harassment” – is alone insufficient to constitute an actionable…

Read More Disability-Based Hostile Work Environment Claims Dismissed; Allegation of Being Addressed in a “Loud, Aggressive and Belligerent Tone” Insufficient
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