Employment Law

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In Kubas v. 331B, LLC d/b/a Rockwell Fitness, No. MJM-20-2456, 2022 WL 4608147 (D.Md. Sept. 30, 2022), the court denied defendant’s motion for summary judgment on plaintiff’s claim that defendant terminated her employment in retaliation for reporting sexual harassment by another employee, in violation of Title VII of the Civil Rights Act of 1964. After finding that…

Read More Title VII Retaliation Claim, Arising From Termination Following Complaints of Sexual Harassment, Survives Summary Judgment Against Maryland Gym
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In a somewhat terse opinion, the court in Tantaros v. Fox News Network, LLC et al, 2022 WL 4614755 (S.D.N.Y. Sept. 30, 2022) held that New York’s relatively recently-enacted CPLR § 7515 is inconsistent with (and preempted by) the Federal Arbitration Act, and dismissed plaintiff’s sexual harassment case. The court reasoned: In interpreting the Federal…

Read More Andrea Tantaros’ Sexual Harassment Case Dismissed; Federal Arbitration Act Preempts State Law Arbitration Statute
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In Matthew v. Texas Comptroller of Public Accounts et al, No. 21 Civ. 5337 (JPC), 2022 WL 4626511 (S.D.N.Y. Sept. 30, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Taking into consideration all…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Allegations Included Belittling of Black Employees
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In Thomas v. The City of New York, No. 150877/2021, 2022 WL 4552068 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed plaintiff’s retaliation claim asserted under the New York City Human Rights Law. Generally, in order to make out a retaliation claim, a plaintiff must sufficiently allege three elements: (1) “protected…

Read More Retaliation Claim Insufficiently Alleged; Element of Causation Lacking
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In Minor v. Home Depot U.S.A., Inc., No. 152483/2022, 2022 WL 4552071 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed – for lack of subject matter jurisdiction – plaintiff’s claims of sexual orientation and gender discrimination asserted under the New York City Human Rights Law. The court explained: Even accepting the…

Read More NYC Human Rights Law Sexual Orientation, Gender Discrimination Claims Dismissed; “Tangential Connections” to NYC Insufficient to Confer Subject Matter Jurisdiction
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In Stancu v. New York City/Parks Dept., 20-CV-10371(ALC), 2022 WL 4581844 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To establish a hostile work environment … a plaintiff must show…

Read More Religion-Based Hostile Work Environment Claim Sufficiently Alleged
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In Cadet v. Alliance Nursing Staffing of New York, Inc., No. 21 Civ. 3994, 2022 WL 4584246 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, held that plaintiff – a former home health aide – sufficiently alleged a race-based hostile work environment under 42 U.S.C. § 1981 and the New York City Human Rights Law.…

Read More Racially Hostile Work Environment Claim Sufficiently Alleged, Against Alliance Nursing Staffing of New York, by Black Home Health Aide Based on Alleged Conduct of Elderly Client
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In McMillian v. New York City Taxi and Limousine Commission et al, No. 20-cv-5722 (LDH), 2022 WL 4539689 (E.D.N.Y. Sept. 28, 2022), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim. From the decision: Defendants argue that Plaintiff’s hostile work environment claim should be dismissed because Plaintiff does not provide any concrete examples…

Read More Title VII Hostile Work Environment Claim, Lacking Connection to Gender, Dismissed
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In a recent case, Walker v. United Parcel Service, Inc., 2022 WL 4474248 (M.D.Ga. Sept. 26, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff presented enough evidence to create a triable issue of fact as to whether the…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; No Basis for Imputing Liability to Employer
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In Myers v. Inspector Mary Christine Doherty et al, 2022 WL 4477050 (2d Cir. Sept. 27, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal (for failure to state a claim) of plaintiff’s hostile work environment claim asserted under 42 U.S.C. § 1983 (the analysis of which parallels the evaluation of…

Read More Hostile Work Environment Dismissal Affirmed; Conduct, Though Unpleasant, Was Too Sparse to be Actionable
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