Employment Law

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In Harris v. N.Y.C. Human Resources Administration et al, 20 Civ. 2011 (JPC), 2022 WL 3100663 (S.D.N.Y. Aug. 4, 2022), the court, inter alia, held that plaintiff sufficiently alleged age-based hostile work environment claims (in part) asserted under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York…

Read More Age-Based Hostile Work Environment Claims Survive, in Part, Against the N.Y.C. Human Resources Administration
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In Delagrange v. Weaver Popcorn Manufacturing, Inc., 1:20-CV-451-HAB, 2022 WL 3081978 (N.D.Ind. Aug. 3, 2022), the court, inter alia, dismissed plaintiff’s same-sex sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the black-letter law on this issue, arising from U.S. Supreme Court precedent, as follows: Same-sex harassment…

Read More Same-Sex Sexual Harassment Claim Dismissed
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In Felder v. MGM National Harbor, LLC, No. 20-2373, 2022 WL 2871905 (4th Cir. July 21, 2022), the court, inter alia, vacated the lower court’s order dismissing, for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claim of color-based discrimination asserted under Title VII of the Civil Rights Act of…

Read More Fourth Circuit Vacates Dismissal of Title VII Color-Based Discrimination Claim
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In Gershenson v. Local 52, No. 151180/2021, 2022 WL 3010192 (N.Y. Sup Ct, New York County July 28, 2022), the court held, inter alia, that plaintiff sufficiently alleged claims of retaliation under the New York State and City Human Rights Laws. (I wrote about the court’s denial of defendants’ motion to dismiss plaintiff’s claims of…

Read More Retaliation Claims Sufficiently Alleged Against Local 52
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In Gershenson v. Local 52, No. 151180/2021, 2022 WL 3010192 (N.Y. Sup Ct, New York County July 28, 2022), the court held, inter alia, that plaintiff sufficiently alleged claims of race-based employment discrimination under the New York State and City Human Rights Laws. From the decision: In determining whether the facts alleged in the complaint…

Read More Employment (Race) Discrimination Claims Sufficiently Alleged Against Local 52
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In McKenna v. Santander Investment Securities, Inc. et al, 21cv941 (DLC), 2022 WL 2986588 (S.D.N.Y. July 28, 2022), the court, inter alia, held that plaintiff’s pregnancy discrimination claim (in part) survived summary judgment. Here, plaintiff alleged pregnancy discrimination based on two pregnancies, one in 2019, and one in 2020.  The court reached different decisions regarding…

Read More Pregnancy Discrimination Claim Survives Summary Judgment (In Part) Against Santander Investment Securities
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In Webb v. City of Venice, No. 8:19-cv-3045-TPB-TGW 2022 WL 2967291 (M.D.Fla. July 27, 2022), the court, inter alia, denied defendant’s motion for judgment as a matter of law on plaintiff’s claim of race-based hostile work environment claim. As to the issue of the existence of a hostile work environment, the court explained: This is…

Read More Race-Based Hostile Work Environment Jury Verdict Upheld; Evidence Included Use of “N-Word”
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In Karamatic v. Peyton Resource Group, L.P., No. 3:21-CV-02304-N, 2022 WL 2972222 (N.D.Tex. July 26, 2022), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment in violation of Title VII of the Civil Rights Act of 1964. In concluding that plaintiff’s complaint adequately alleged actionable sexual harassment, the court explained:…

Read More Sexual Harassment Hostile Work Environment Claim Sufficiently Alleged, Holds Texas Court
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In Robinson v. Attractions Lodging, Inc., 6:20-cv-32-EJK, 2022 WL 2904869 (M.D.Fla. July 22, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race and national origin based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: As to Plaintiff’s claim that the…

Read More Race/National Origin-Based Hostile Work Environment Claims Survive Summary Judgment
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In Diaz v. Poly Prep Day School, 2022 WL 2803259 (E.D.N.Y. July 18, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: Plaintiff has failed to allege…

Read More Race, National Origin-Based Hostile Work Environment Claims Dismissed Against Poly Prep Day School
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