In Lively v. Wafra Inv. Advisory Group, Inc., 2022 NY Slip Op 06887 (N.Y. App. Div. 1st Dept. Dec. 6, 2022), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s age discrimination asserted under the New York State and City Human Rights Laws. From the decision: Even under the lenient notice pleading standard afforded…
Read More Court Affirms Dismissal of Age Discrimination ComplaintIn Braunstein v. Sahara Plaza, LLC, Fairmont Hotels & Resorts (Maryland) LLC, 2022 WL 17480962 (2d Cir. Dec. 7, 2022), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s sex-based hostile work environment claim. From the decision: To succeed on a hostile work environment claim under either Title VII or the NYSHRL, Braunstein…
Read More Dismissal of Sex-Based Hostile Work Environment Claim Affirmed, Notwithstanding “Bitch”In Juillet v. The City of New York, No. 156256/2021, 2022 WL 17416915 (N.Y. Sup Ct, New York County Dec. 02, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under the New York City Human Rights Law. From the decision: For purposes of this motion, defendants do not dispute that plaintiff…
Read More “You People” Remark Sufficient to Allege Race Discrimination; Motion to Dismiss DeniedIn D’Anzieri v. Harrison Global LLC et al, 21-CV-8506 (VEC), 2022 WL 17404254 (S.D.N.Y. Dec. 2, 2022), the court denied defendants’ motion to dismiss plaintiff’s discrimination and retaliation claims, asserted under the New York State and City Human Rights Laws, on the basis of those statutes’ geographic reach. From the decision: The NYCHRL and NYSHRL…
Read More Sex, Age Discrimination Claims Survive Dismissal; Alleged Conduct Was Sufficiently Tied to New YorkIn Temidis v. Intern. Business Machines Corp., No. 156289/2018, 2022 WL 4790484, 2022 N.Y. Slip Op. 33326(U)(N.Y. Sup Ct, New York County Oct. 03, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. The court summarized the facts…
Read More Retaliation Claims, Arising From Complaints of Race Discrimination Against Colleague, Survive Summary Judgment Against IBMIn Dacier v. New York State Department of Labor, 2022 WL 16855210 (N.D.N.Y. Nov. 9, 2022), the court granted defendant’s motion for summary judgment dismissing plaintiff’s failure to promote claim asserted under Title VII of the Civil Rights Act of 1964. While the plaintiff here was not successful, this decision is instructive on what a…
Read More Title VII Failure to Promote Claim Tossed on Summary Judgment; Candidates With Superior Qualifications SoughtIn Bills v. WVNH Emp, LLC, 2022 WL 17365256 (S.D.W.Va. Dec. 1, 2022), the court granted defendant’s motion for summary judgment dismissing her claim of wrongful termination asserted under the West Virginia Human Rights Act (WVHRA). From the decision: Unlike most wrongful termination cases, there is no dispute here as to why the Defendants terminated…
Read More Nursing Assistant’s Smacking Alleged Groping Patient’s Hands Was Not “Protected Activity” For Sexual Harassment / Retaliation Claim, Court HoldsIn Green v. Denis McDonough, Secretary, U.S. Department of Veterans Affairs, 2022 WL 17330852 (W.D.Tex. Nov. 28, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliatory hostile work environment claim. Initially, the court held that plaintiff sufficiently alleged a causal connection between his engaging in protected activity and the alleged harassment. On…
Read More Retaliatory Hostile Work Environment Sufficiently Alleged Against VAIn Hortas v. Weill Cornell Medical College, No. 162604/2019, 2022 WL 17325643 (N.Y. Sup Ct, New York County Nov. 29, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s constructive discharge/sexual harassment/hostile work environment claim on timeliness grounds. From the decision: A liberal reading of plaintiff’s complaint shows she alleged sexual harassment by…
Read More Constructive Discharge Claim, Based on Allegations of Hostile Work Environment/Sexual Harassment, Sufficiently AllegedIn Laurent-Workman v. Wormuth, No. 21-1766, 2022 WL 17256701 (4th Cir. Nov. 29, 2022), the U.S. Court of Appeals for the Fourth Circuit, inter alia, vacated a lower court order dismissing plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The district court concluded…
Read More Race-Based Hostile Work Environment, Based on an Alleged “Series of Hateful Workplace Encounters,” Sufficiently Alleged