Employment Law

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In a recent decision, Briggs v. SCO Family of Services et al, 2023 WL 3589896, (2d Cir. May 23, 2023), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s retaliation asserted pursuant to Title VII of the Civil Rights Act of 1964. This decision illustrates that a retaliation claim will be undermined where…

Read More Title VII Retaliation Claim Dismissal Affirmed; Adverse Actions Preceded Protected Activity
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In many discrimination cases filed in a federal (U.S. District) court, the plaintiff asserts violations of various laws – including federal law (e.g., Title VII of the Civil Rights Act of 1964), state law (e.g., the New York State Human Rights Law), and city/local law (e.g., the New York City Human Rights law). But federal…

Read More Federal Court Exercises Supplemental Jurisdiction Over NYC Human Rights Law Claim
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In Bayat v. Accenture Corporation LLC, 2023 WL 3563037 (2d Cir. May 19, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s order granting summary judgment to defendant on plaintiff’s discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: With respect to Bayat’s…

Read More title VII Discrimination Claim Dismissal Against Accenture Affirmed
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In Minckler v Sullivan County, No. 535390, 2023 N.Y. Slip Op. 02729, 2023 WL 3510841 (N.Y.A.D. 3d Dept. May 18, 2023), the court upheld a determination by the Sheriff of Sullivan County terminating the employment of the petitioner, a jail division deputy sheriff/sergeant due to alleged sexual harassment. From the decision: The disciplinary hearing consisted…

Read More Termination Justified by Violation of Sexual Harassment Policy, Court Holds
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In Loth v. City of New York, No. 160925/2021, 2023 WL 3456623 (N.Y. Sup Ct, New York County May 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: Finally, the complaint adequately alleges claims for unlawful…

Read More Retaliation Claims Sufficiently Alleged; Vandalism etc. Followed Witness Participation
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In Loth v. City of New York, No. 160925/2021, 2023 WL 3456623 (N.Y. Sup Ct, New York County May 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: At this early stage of the litigation,…

Read More Sex/Gender Discrimination Claims Sufficiently Alleged; Comments Included “Calendar Girl” Remark
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In Hoxhaj et al v. Michael Cetta, Inc. et al, 21-cv-6486 (LJL), 2023 WL 3455444 (S.D.N.Y. May 15, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiffs’ claims of religion-based discrimination under the New York City Human Rights Law. From the decision: A reasonable jury could conclude that Plaintiff Hoxhaj was…

Read More Religion-Based Discrimination Claim Against Michael Cetta Survives Summary Judgment; Court Cites Comments That Were Hostile to Islam and Muslim People
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In Kirstyn Crawford v. American Broadcasting Company, et al., No. 157874/21, 2022-02552, 258, 2023 N.Y. Slip Op. 02611, 2023 WL 3468449 (N.Y.A.D. 1 Dept., May 16, 2023), the court modified the lower court’s dismissal of plaintiff’s hostile work environment and sex discrimination claims. From the decision: The allegations supporting plaintiff’s hostile work environment and sex…

Read More Sex-Based Hostile Work Environment Claim Against ABC Resurrected From Dismissal
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In Weiss v. Premier Technologies, 2023 WL 3314691 (W.D.N.Y. May 9, 2023), the court held that plaintiff sufficiently alleged that AT&T was plaintiff’s “joint employer.” This decision provides helpful guidance regarding the application of this doctrine. From the decision: “The standard for whether an entity is a joint employer for Title VII and [NYHRL] purposes…

Read More Plaintiff Plausibly Alleges “Joint Employment” Doctrine Against AT&T
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In Montgomery v. St. John’s United Church of Christ, 2023 WL 2820472 (Ohio App. 5 Dist., 2023), the court upheld a lower court decision dismissing, pursuant to the “ministerial exception”, plaintiff’s sexual harassment hostile work environment claim. From the decision: The circuits are split on whether the ministerial exception categorically bars courts from considering a…

Read More Sexual Harassment Hostile Work Environment Claim Barred by “Ministerial Exception”
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