In Drake v. City of Amsterdam Police Department et al, 2024 WL 3969002 (N.D.N.Y. August 28, 2024), the court, inter alia, dismissed plaintiff’s claims of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the “black letter law” applicable to these claims,…
Read More Race-Based Hostile Work Environment Claims DismissedIn Rivas v. Intern. Academy of Hope, No. 156236/2021, 2024 WL 4003749 (N.Y. Sup Ct, New York County Aug. 30, 2024), the court held that plaintiff sufficiently alleged disability-based hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: The second and fourth causes of action allege that…
Read More Disability-Based Hostile Work Environment Claims Sufficiently Alleged Under the NYS and NYC Human Rights LawsIn Rivas v. Intern. Academy of Hope, No. 156236/2021, 2024 WL 4003749 (N.Y. Sup Ct, New York County Aug. 30, 2024), the court held that plaintiff sufficiently alleged disability discrimination under the New York State and City Human Rights Laws. After summarizing the black-letter law, the court applied it to the facts as follows: [P]laintiff…
Read More Anxiety-Diagnosed Plaintiff Sufficiently Alleges Disability Discrimination Under the NYS and NYC Human Rights Laws, Court HoldsIn Schlosser v. VRHabilis, LLC, No. 23-6019, 2024 WL 3934559 (6th Cir. August 26, 2024), the court upheld a jury verdict in plaintiff’s favor on their hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Based on the evidence presented at trial, the jury could…
Read More Hostile Work Environment Sexual Harassment Jury Verdict Upheld: 6th CircuitIn Baldwin v. TMPL Lexington LLC et al, 23 Civ. 9899 (PAE), 2024 WL 3862150 (S.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to compel arbitration, finding that she plausibly alleged sexual harassment under the New York City Human Rights Law, triggering the Ending Forced Arbitration of Sexual Assault and Sexual Harassment…
Read More Sexual Harassment Claims Sufficiently Alleged Against TMPL Lexington, Triggering Ending Forced Arbitration Act and Denial of Motion to Compel ArbitrationIn Cali v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security, 22-CV-942S, 2024 WL 3877393 (W.D.N.Y. August 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Isolated incidents of harassment ordinarily do…
Read More Title VII Hostile Work Environment Sexual Harassment Claim, Based on Attempted Kiss, Survives DismissalIn Rodriguez v. Buffalo Municipal Housing Authority, 23-CV-87-LJV, 2024 WL 3861247 (W.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. The court summarized the black-letter law as follows: “Under Title VII, an employee…
Read More Race-Based Hostile Work Environment Claim Plausibly Alleged Against Buffalo Municipal Housing AuthorityIn Delaney v. New York City Health & Hosps., 2024 NY Slip Op 32769(U), Index No. 525072/2021 (N.Y. Sup. Ct. Kings Cty. August 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of gender and race discrimination asserted under the New York State Human Rights Law. Plaintiff’s allegations included the following:…
Read More Race, Sex Discrimination Claims Sufficiently Alleged Against NYC Health & HospitalsIn Douse v. Walmart, No. 24-cv-2541, 2024 WL 3744357 (E.D.Pa. August 9, 2024), the court denied defendant’s motion to dismiss plaintiff’s age- and race-based claims of constructive discharge and hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). As to plaintiff’s discrimination/constructive…
Read More Race, Age Constructive Discharge and Hostile Work Environment Claims Sufficiently Alleged Against WalmartIn Rolley v. Modern Disposal Services, Inc. et al, 21-CV-1229-LJV, 2024 WL 3819410 (W.D.N.Y. August 14, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: The defendants argue that Rolley’s hostile work environment…
Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Modern Disposal Services