In Perez v. The City of New York, No. 111768/2011, 2023 WL 8035671 (N.Y. Sup Ct, New York County Nov. 20, 2023), the court, inter alia, denied defendant City of New York’s motion for summary judgment as to plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision:…
Read More NYPD Officer’s Retaliation Claims Against City of New York Survive Summary JudgementIn Kayode v. Merrick B. Garland, Case No. 1:22-cv-03802 (TNM), 2023 WL 8083638 (D.D.C. Nov. 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. Here, in sum, plaintiff alleged that she was treated in a “rude”, “offensive”, and…
Read More Title VII Hostile Work Environment Claim, Based on Supervisor’s Conduct, “Barely” Survives DismissalIn Cornelius v. CVS Pharmacy, Inc., Civil Action No. 23-01858 (SDW) (AME), 2023 WL 6876925 (D.N.J. October 18, 2023), the court, inter alia, held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not excuse plaintiff’s claims from arbitration in the first instance. This decision illustrates, among other…
Read More Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) Did Not Bar Arbitration; Sex Discrimination, But Not Sexual Harassment, Not AllegedIn Qiu v. Board of Education of Woodford Cnty. Public Schools, Civil Action No. 5: 22-196-DCR, 2023 WL 6291896 (E.D.Ky. Sept. 27, 2023), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of employment discrimination (based on national origin) asserted under Title VII of the Civil Rights Act of 1964. Generally,…
Read More Failure-to-Hire Discrimination Claim Dismissed; Plaintiff Was Not “Qualified” For Physics Teacher PositionIn D’Cunha v. Northwell Health Systems, 2023 WL 7986441 (2d Cir. Nov. 17, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s sex/pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that she was terminated due to her having not received the COVID vaccine, notwithstanding…
Read More 2nd Circuit Affirms Dismissal of Sex/Pregnancy Discrimination Claim Arising From Termination Due to Not Receiving COVID VaccineNew York Governor Hochul recently signed legislation, S4516, that amends New York’s General Obligations Law to prohibit settlement agreements resolving sexual harassment or discrimination claims from containing any condition that requires the complainant to pay the defendant liquidated damages in the event that the plaintiff violates any nondisclosure agreement included in the settlement agreement. Generally,…
Read More New NY Law Prohibits “Liquidated Damages” Provisions for NDAs in Settlement Agreements Resolving Sexual Harassment and Discrimination ClaimsIn 14 Street Medical, P.C. v. Khan, No. 152388/2023, 2023 WL 7924835 (N.Y. Sup Ct, New York County Nov. 16, 2023), the court, inter alia, granted the defendant’s (here, the employee, sued for breach of contract) counterclaim for “constructive discharge” under the New York State and City Human Rights Laws. In sum, the plaintiff (a…
Read More Constructive Discharge Claims Dismissed; Alleged “Unpleasant” and “Difficult” Working Conditions Were InsufficientIn Eustache v Board of Education of City School District of City of New York, No. 153619/19, 2022-01128, 998, 2023 N.Y. Slip Op. 05684, 2023 WL 7497614 (N.Y.A.D. 1 Dept., Nov. 14, 2023), the court, inter alia, modified a lower court order, to deny the Department of Education’s motion to dismiss plaintiff’s race- and sex-discrimination…
Read More Race Discrimination, Sexual Harassment Claims Sufficiently Alleged Against NYC Board of EducationIn Maldonado v. City of Midland, MO:23-CV-00037-DC-RCG, 2023 WL 6978077 (W.D.Tex. October 5, 2023), the court, inter alia, recommended the dismissal of plaintiff’s claim of sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964, on the ground that she failed to exhaust her administrative remedies as to that claim. From…
Read More Title VII Sexual Harassment Claim Dismissed, as Not Administratively ExhaustedIn Mesbah v. University of Louisville, Civil Action No. 3:22-CV-567-CHB, 2023 WL 6050232 (W.D.Ky. Sept. 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and the Kentucky Civil Rights Act. As to whether the alleged…
Read More Sexual Harassment Claims Sufficiently Alleged; Allegations Included Date Requests, Inappropriate Touching, and Staring