Employment Law

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In Griffith v MetroPlus Health Plan Inc., No. 505258/2017, 78 Misc. 3d 1241(A), 188 N.Y.S.3d 913, 2023 N.Y. Slip Op. 50499(U), 2023 WL 3637957 (Sup Ct, May 16, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s claim of race discrimination. From the decision: In the instant case, Defendants put forward evidence of…

Read More Citing Nondiscriminatory Motivation of Poor Performance, Court Dismisses Race Discrimination Claims
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In Romero v. St. Vincent’s Services, Inc., 2023 WL 3477161 (2d Cir. May 16, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the summary judgment dismissal of plaintiff’s claims of gender and pregnancy discrimination. From the decision, regarding plaintiff’s claims asserted under Title VII of the Civil Rights Act of 1964: We…

Read More Pretext Not Shown in Gender/Pregnancy Discrimination Case; Dismissal Affirmed
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In U.S. Equal Employment Opportunity Commission v. Golden Entertainment, Inc., No. 20-cv-02811, 2023 WL 4134696 (D.Md. June 22, 2023), 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. As to the issue of whether the…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Sexual Comments and Buttocks Groping
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In Calixte v. 14 Street Medical, P.C., No. 522952/22, 2023 WL 4083561 (N.Y. Sup Ct, Kings County June 13, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation in violation of the New York State and City Human Rights Laws. From the decision: The third and sixth causes of action…

Read More Retaliation Claims, Based on Alleged Racial Harassment Following Opposition to Wage Calculation, Survive Dismissal
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In Calixte v. 14 Street Medical, P.C., No. 522952/22, 2023 WL 4083561 (N.Y. Sup Ct, Kings County June 13, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a race-based hostile work environment in violation of the New York State and City Human Rights Laws. From the decision: The second and…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Court Cites “Slave” Reference
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In Collins v. Board of Cnty. Commissioners of Nowata Cnty., 2023 WL 3854085 (N.D.Okla. June 6, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. Here, the alleged disability was plaintiff’s loss of his left hand in a childhood accident. In…

Read More “Cripple”, Other Comments Insufficient to Plausibly Allege Disability-Based Hostile Work Environment
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In Bibbs v. CNHI, LLC, 2023 WL 3848382 (S.D.Ind. June 6, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: As for her hostile work environment claim pursuant to § 1981, CNHI contends that she has failed to allege anything rising to the level of…

Read More Merely Invoking the Words “Hostile Work Environment” Insufficient; Claim Dismissed
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In Spivey v. Mohawk ESV, Inc., 2023 WL 3918674 (4th Cir. June 9, 2023), the U.S. Court of Appeals for the Fourth Circuit affirmed the summary judgment dismissal of plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). After summarizing the “black letter” law, the court applied it to the…

Read More Age Discrimination Dismissal Affirmed by the Fourth Circuit
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In Walker-Jackson v. Smith’s Food and Drug Centers, Inc., Case No. 2:21-cv-2066-ART-BNW, 2023 WL 3620552 (D.Nev. May 23, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. As to the issue of whether the alleged harassment was sufficiently “severe or pervasive,” the court applied the…

Read More Sexual Harassment Case, Based on Allegations Including Sexual Innuendo and Nonconsensual Touching, Survives Summary Judgment
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In Stein v. Attorney General United States of America, 2023 WL 3993014 (3d Cir. June 14, 2023) (not precedential), the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. In this case, the…

Read More Hostile Work Environment Sexual Harassment Claim Dismissal Was Proper in Light of Defendant’s “Prompt,” “Effective” Response: 3rd Circuit
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