Pleading

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In M.H. v. Starbucks Coffee Company, 2024 WL 3089931 (S.D.N.Y. June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under the New York State Human Rights Law. In sum, plaintiff, a Starbucks barista, alleged that she was raped by Justin Mariani, a shift supervisor.…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Starbucks
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In Tohidi v. City of Reading Police Department, No. 5:24-cv-0591, 2024 WL 3015514 (E.D.Pa. June 13, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act (ADA). From the decision: The City asserts that Counts I and V (disability discrimination) should be dismissed…

Read More Disability Discrimination Claim Asserted by Plaintiff With Tourette’s Syndrome, Survives Dismissal
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In Thompson v. Shutterstock, Inc. et al, 23-CV-4155 (JGLC), 2024 WL 2943813 (S.D.N.Y. June 10, 2024), the court, inter alia, denied defendant Shutterstock’s motion to dismiss plaintiff’s claim of retaliation asserted under 42 USC § 1981. Here, plaintiff based his retaliation claim on comments alleged to have been made by Shutterstock’s chief HR officer (Garfield)…

Read More Retaliation Claim, Under 42 USC § 1981, Sufficiently Alleged Against Shutterstock
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In Trotter v. National Football League, 23-cv-8055 (JSR), 2024 WL 2952637 (S.D.N.Y. June 12, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of retaliation asserted under 42 USC § 1981. From the decision: The sufficiency of Trotter’s retaliation claim turns on whether he has adequately alleged that he engaged in some protected…

Read More Retaliation Claim Sufficiently Alleged Against NFL, Court Finds
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In Thompson v. The City of New York, No. 525109/2022, 2024 WL 2941866 (N.Y. Sup Ct, Kings County June 11, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under the New York City Human Rights Law. While the court held that plaintiff did not sufficiently allege a hostile…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law
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In Williams v. Breaking Ground Housing Development Fund Corporation et al, 22-cv-8715 (AS), 2024 WL 2882122 (S.D.N.Y. June 6, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…

Read More Retaliation Claims, Based on Termination Following Complaint of Sexual Harassment, Survive Dismissal
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In Williams v. Breaking Ground Housing Development Fund Corporation et al, 22-cv-8715 (AS), 2024 WL 2882122 (S.D.N.Y. June 6, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and…

Read More Hostile Work Environment Sexual Harassment Claims, Based on Alleged Use of “Terms of Endearment”, Survive Dismissal
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In Sharikov v. Philips Medical Systems MR, Inc., Docket No. 23-407-cv, 2024 WL 2820927 (2d Cir. June 4, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s claim of disability discrimination asserted under the Americans With Disabilities Act (ADA). In sum, in this case the plaintiff alleges…

Read More 2d Circuit Affirms Dismissal of COVID-19 Related ADA “Regarded As” Disabled Claim
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In Ramos v. Envoy Air Inc., Civil Action No. 3:23-CV-2276-X, 2024 WL 2754055 (N.D.Tex. May 29, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of religious discrimination under Title VII of the Civil Rights Act of 1964. From the decision: [Title VII] defines religion broadly to include all aspects of religious…

Read More Seventh Day Adventist Sufficiently Alleges Title VII Religious Discrimination Claim
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In Anderson, Keesha v. Amazon.com, Inc. et al, 23-cv-8347, 2024 WL 2801986 (S.D.N.Y. May 31, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. This decision discusses and applies the impact of the Supreme Court’s recent decision in Muldrow v. City of St.…

Read More Race Discrimination Claim Against Amazon Sufficiently Alleged; Court Considers Impact of SCOTUS Muldrow Decision on Section 1981 Claims
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