Pleading

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In Santay v. Ice House LLC, Civil Action No. 24-cv-11583-ADB, 2024 WL 4804967 (D.Mass. Nov. 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s national origin-based hostile work environment claim. After summarizing the black-letter law, and concluding that plaintiff sufficiently alleged a hostile work environment sexual harassment claim, the court applied the law to…

Read More National Origin-Based Hostile Work Environment Claim Sufficiently Alleged; Contentions Included Threats to “Call Immigration”
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In Santay v. Ice House LLC, Civil Action No. 24-cv-11583-ADB, 2024 WL 4804967 (D.Mass. Nov. 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: The elements of a claim for hostile work environment under Title VII or Chapter 151B are that (1) the…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Contentions Include Sexual Comments, Touching, and Showing Photos and Videos of Genitalia
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In Jean-Pierre v. City of New York, No. 153859/2023, 2024 WL 4753498 (N.Y. Sup Ct, New York County Nov. 12, 2024), the court denied defendant’s motion to dismiss plaintiff’s claims of race discrimination and hostile work environment. From the decision: Plaintiff’s amended complaint alleges sufficient facts to support claims of discrimination and hostile work environment…

Read More Race-Based Discrimination & Hostile Work Environment Claims Sufficiently Alleged Against City of New York, Court Holds
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In Sol Back v. Bank Hapoalim, B.M., Gil Karni, 2024 WL 4746263 (2d Cir. Nov. 12, 2024), the U.S. Court of Appeals for the Second Circuit vacated a lower court’s dismissal of plaintiff’s claim of sex-based discrimination under Title VII of the Civil Rights Act of 1964. The district court held that plaintiff did not…

Read More Applying New “Adverse Employment Action” Standard, 2d Circuit Vacates Dismissal of Title VII Sex-Discrimination Claims
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In Hatcher v. New York City Department of Education, 23-cv-3510 (NRM) (LB), 2024 WL 4333643 (E.D.N.Y. Sept. 27, 2024), the court, inter alia, held that plaintiff sufficiently alleged a race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…

Read More Speech Therapy Teacher Sufficiently Alleges Race-Based Hostile Work Environment, Court Holds
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In Allen v. New York State et al, 2:24-cv-02800 (JS) (JMW), 2024 WL 4654220 (E.D.N.Y. Nov. 1, 2024), the court denied defendants’ motion to stay this action in which plaintiff asserts claims of hostile work environment, sexual harassment, and retaliation. After summarizing the legal standard and the factors considered by courts – namely, “(1) whether…

Read More Court Declines to Stay Hostile Work Environment Sexual Harassment Case
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In Kiseleva v. Mark Greenspan et al, 23-CV-9496 (VEC), 2024 WL 4635463 (S.D.N.Y. Oct. 31, 2024), the court, inter alia, held that plaintiff sufficiently alleged discrimination in violation of 42 U.S.C. § 1981, based on her Slavic Eastern European Eurasian (SEE) heritage. From the decision: Kiseleva has adequately alleged that the misclassification of her as…

Read More Plaintiff Sufficiently Alleges § 1981 Discrimination Claim Based on Slavic Heritage
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In Fernsmith v. City of New York, No. 158467/2023, 2024 WL 4604773 (N.Y. Sup Ct, New York County Oct. 29, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: Under the CHRL, a hostile work environment…

Read More Disability-Based Hostile Work Environment Claim Sufficiently Alleged Against City of New York
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In Byrd v. Becerra, Civil Action No. 22-3746 (TSC), 2024 WL 4591438 (D.D.C. Oct. 28, 2024), the court, inter alia, held that plaintiff sufficiently alleged employment discrimination under Title VII of the Civil Rights Act of 1964. As to the “inference of discrimination” element, the court explained: Plaintiff has also pleaded an inference of discrimination…

Read More Title VII Race Discrimination Claim Survives Dismissal; Allegations Included Reassignment of Work to White Colleagues
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In McNellis v. Douglas Cnty. School District, 116 F.4th 1122 (10th Cir. Sept. 10, 2024), the court, inter alia, reversed the lower court’s dismissal of plaintiff’s religious discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the Colorado Anti-Discrimination Act. In sum, plaintiff, an assistant principal, was terminated following an…

Read More 10th Circuit Reverses Dismissal of Title VII Religious Discrimination Claim Arising From Comments Concerning “The Laramie Project” School Play
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