Employment Law

In Montes v. City of New York, No. 158272/2023, 2025 WL 290440 (N.Y. Sup Ct, New York County Jan. 21, 2025), the court, inter alia, held that plaintiff sufficiently alleged a disability-based hostile work environment under the New York City Human Rights Law. From the decision: Under NYCHRL, a Plaintiff claiming a hostile work environment…

Read More Disability-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Include “Faking Injuries” Comment
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In James v. Disney Studios Content, No. 159201/2022, 2025 WL 257207 (N.Y. Sup Ct, New York County Jan. 21, 2025), the court denied defendant’s motion to dismiss plaintiff’s claim of retaliation under the New York State and City Human Rights Laws, on the ground that the court lacks subject matter jurisdiction pursuant to CPLR 3211(a)(2).…

Read More Disney Actor’s Discrimination Claim Survives Dismissal; Court Explains NYS and NYC Human Rights Laws’ “Impact Test”
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In Harge v. The City of New York, No. 150002/2023, 2025 WL 257189 (N.Y. Sup Ct, New York County Jan. 18, 2025), the court, inter alia, held that plaintiff sufficiently alleged a claim of race-based discrimination under the New York City Human Rights Law, and thus denied defendant’s motion to dismiss this claim. From the…

Read More Police Officer Sufficiently Alleges Race Discrimination, Hostile Work Environment Claims Under NYC Human Rights Law
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In Torres v. City of New York, No. 161278/2023, 2025 WL 248895 (N.Y. Sup Ct, New York County Jan. 15, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: Plaintiff’s allegations of hostile work environment–including discriminatory remarks,…

Read More Hostile Work Environment Claim, Based on Alleged Discriminatory Remarks, Threats of Termination, and Denial of Benefits, Sufficiently Alleged
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In Simms v. The State of Maryland Office of the Attorney General For Maryland, 2025 WL 213965 (D.Md. Jan. 16, 2025), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. From the decision: The Court need not decide whether Plaintiff has adequately alleged facts sufficient to “impos[e] liability on the employer” for…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Allegations of Staring and Stalking Insufficient
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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 national origin discrimination claims under the New York State and City Human…

Read More National Origin Discrimination, Constructive Discharge Claims Survive Dismissal; Evidence Included Remarks About Plaintiff’s Accent
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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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