Employment Law

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In Bryant v. the City of New York, No. 161047/2021, 2022 WL 17733056 (N.Y. Sup Ct, New York County Dec. 12, 2022), the court granted defendant’s motion to dismiss plaintiff’s discrimination claims under the New York State and City Human Rights Laws. From the decision: A cause of action invoking protections under both New York…

Read More Race Discrimination Claims Dismissed; Evidence of Workplace Demographics Held Insufficient
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In Vargas v. The Vons Companies, Inc. et al, 2022 WL 17685801 (Cal.App. 2 Dist. Dec. 15, 2022) (unpublished), the court, inter alia, reversed the lower court’s order granting defendant’s motion for summary judgment on plaintiff’s sexual harassment claim, against her co-worker, under California’s Fair Housing and Employment Act (FEHA). From the decision: There is…

Read More Citing Repeated Verbal Harassment, Court Reverses Summary Judgment on Plaintiff’s Sexual Harassment Claim
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In Qorrolli v. Metropolitan Dental Associates, D.D.S. – 225 Broadway, P.C. et al, 18-cv-6836 (DLC), 2022 WL 17689836 (S.D.N.Y. Dec. 15, 2022), the court granted the defendant’s motion for a new trial, primarily on the ground that the jury’s verdict was primarily based on hearsay (which, as one legal scholar has noted, is a “kind”…

Read More Citing Introduction of Hearsay, Court Orders New Trial in Sexual Harassment Case
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In Rinaldi v. Paul Mills, NICE, Christine Bonamarte, NICE Systems, Inc., NICE-Actimize, Richard Malish, Barak Eilam et al, 2022 WL 17480081 (2d Cir. Dec. 7, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. From the decision: Here, the parties do not dispute that Rinaldi established…

Read More Age Discrimination Claims Properly Dismissed; Comments re Not “Fitting In” and “Catching On” Insufficient
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In Wilson v. New York and Presbyterian Hospital et al, 2022 WL 17587564 (2d Cir. Dec. 13, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment sexual harassment claim. From the decision: Finally, Wilson argues that the district court erred in dismissing his NYSHRL sexually hostile work environment claim. It did…

Read More Hostile Work Environment Sexual Harassment Claim, Based in Part on Workplace Pornography Viewing, Properly Dismissed
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In Suskin v. Oehl, No. 153635/2022, 2022 WL 17581514 (N.Y. Sup Ct, New York County Dec. 08, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the New York State and City Human Rights Laws. From the decision: To state a claim for age discrimination under both…

Read More Age Discrimination Claim Survives Dismissal; Job Duties Were Transferred to Younger Employee
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A recent decision, Ramroop v. Communications Workers of America Local 1182, No. 157047/2019, 2022 WL 17574009 (N.Y. Sup Ct, New York County Dec. 08, 2022), illustrates how to impute liability for a sexually hostile work environment claim against a defendant – in this case, a union. From the decision: Local 1182 argues that a claim…

Read More Hostile Work Environment Sexual Harassment Claims Proceed Against Union
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In Torres v. Gulf Coast Jacks, Inc., No. 4:21-CV-00019, 2022 WL 7579036 (S.D.Tex. Oct. 13, 2022), the court, inter alia, held that plaintiff sufficiently pleaded a claim for race discrimination under Title VII of the Civil Rights Act of 1964. From the decision: A complaint attacked by a Rule 12(b)(6) motion to dismiss does not…

Read More Title VII Race Discrimination Sufficiently Pled; Allegations Included Threat to Call Immigration Authorities
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In Gregorian v. New York Life Insurance Company, No. 2019-10749, 34349/05, 2022 N.Y. Slip Op. 06917, 2022 WL 17480742 (N.Y.A.D. 2 Dept., Dec. 07, 2022), the court reversed the lower court’s summary judgment dismissal. From the decision: Here, the Supreme Court properly determined that Gregorian set forth a prima facie case of age discrimination (see…

Read More Age Discrimination Claims Survive Summary Judgment Against New York Life Insurance Company
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In Harge v. City of New York et al, 2022 WL 17481819 (2d Cir. Dec. 7, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Harge bases his hostile work environment claim on evidence of monitoring,…

Read More Title VII Race Discrimination Claim Dismissal Affirmed; NYC Human Rights Law Claims Improperly Dismissed
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