Employment Law

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In Lockett v. Target Corporation, 3:20-CV-00191 (SVN), 2022 WL 17127292 (D.Conn. Nov. 22, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the applicable “black letter” law regarding…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Offensive Music Played
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In Christian v. The Dept. of Educ. of the City of New York, No. 158793/2021, 2022 WL 17177577 (N.Y. Sup Ct, New York County Nov. 23, 2022), the court denied defendant’s motion to dismiss plaintiff’s race discrimination claims under the New York State and City Human Rights Laws. From the decision: That branch of defendants’…

Read More NYC Teacher’s Race Discrimination Claims Sufficiently Alleged
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In Estevez et al v. Berkeley College et al, 2022 WL 17177971 (S.D.N.Y. Nov. 23, 2022), the court denied defendant’s motion for Rule 11 sanctions, but chastised plaintiff’s counsel for what it perceived as an attempt to mislead the court. Federal Rule of Civil Procedure 11 provides, in part, that an attorney presenting a pleading,…

Read More Court Admonishes Lawyer for Perceived Misrepresentations in Connection With Retaliation Claim
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In Bautista v. PR Gramercy Square Condominium et al, No. 21-cv-11093 (ER), 2022 WL 17156628 (S.D.N.Y. Nov. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race-based discrimination (termination) in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the New York State Human…

Read More Discrimination (Termination) Claims Sufficiently Alleged; Allegations Included Replacement by White Employees and “Cover Up”
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In Matthews v. New Light, Inc., Civil Action No. 22-427, 2022 WL 11966542 (W.D.Pa. October 20, 2022), the court, inter alia, dismissed plaintiff’s discrimination claim asserted under the Americans with Disabilities Act, on the ground that plaintiff’s claimed medical condition, pregnancy, is not a “disability” within the meaning of that statute. From the decision: Here,…

Read More Court Dismisses ADA Discrimination Claim; Uncomplicated Pregnancy Was Not a “Disability” Under the Statute
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In Sheerer v. Angiodynamics, 2022 WL 17074913 (Sup. Ct. Warren Cty. Nov. 18, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s disability-based hostile work environment claim. From the decision: Insofar as the third cause of action is concerned, “[a] hostile work environment claim requires proof of a workplace ‘permeated with…

Read More Hostile Work Environment Claim, Based on Alleged Conduct by “Bully”, Dismissed on Summary Judgment
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In Steinberg v. Vidal, No. 22-CV-04971 (JMA) (AYS), 2022 WL 16744932 (E.D.N.Y. Nov. 7, 2022), the court denied plaintiff’s motion to amend his complaint to assert a claim against the defendant – the Director of the United States Patent and Trademark Office – under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.…

Read More ADA Disability Discrimination Claim Against Government Agency
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In Gabin v Greenwich House, No. 155015/21, 16651, 2022-00210, 2022 N.Y. Slip Op. 06428, 2022 WL 16935706 (N.Y.A.D. 1 Dept., Nov. 15, 2022), the court reversed a lower court decision dismissing plaintiff’s age discrimination claims under the New York State and City Human Rights Laws. The court explained that plaintiff’s claim was timely, in light…

Read More Age Discrimination Claims’ Timeliness Dismissal Reversed; Tolls Applied
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In Klymn v. Monroe County Supreme Court et al, 2022 WL 16950048 (W.D.N.Y. Nov. 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted against a former New York State Supreme Court Judge. As to the sufficiency of the allegations, the court explained: Lastly, having…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Former Judge; Acts Dating Back to 2005 May be Considered
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