Pleading

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In Ruiz v. Armstrong, No. 508834/2017, 2024 WL 514006 (N.Y. Sup Ct, Kings County Feb. 02, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and national origin discrimination asserted under the New York State and City Human Rights Laws. From the decision: [A]t the motion to dismiss phase, a…

Read More Terminated Hispanic Teacher Sufficiently Alleges Race/National Origin Discrimination, Court Holds
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In a recent decision, Montgomery v. Prisma Health, No. 6:23-cv-00395-TMC, 2024 WL 449274 (D.S.C. Feb. 5, 2024), the court, inter alia, declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s claim of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After reviewing pertinent case law,…

Read More Race-Based Hostile Work Environment Survives Dismissal; Allegations Include Placement of Noose and Calling Plaintiff a “Slave”
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In Dobney v. The Walt Disney Company et al, 23-CV-5380 (JPO), 2024 WL 325336 (S.D.N.Y. Jan. 29, 2024), the court denied defendants’ motion to dismiss plaintiff’s various discrimination claims – including disparate treatment and constructive discharge – under the New York State and City Human Rights Laws. From the decision: First, Dobney sufficiently pleads a…

Read More Race Discrimination Claims Sufficiently Alleged; Allegations Include Burdens, Assignment of Disproportionately Heavy Workload, and Constructive Discharge
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In Davenport v. Joseph Fiordaliso et al, Civil Action No. 18-13687 (GC) (JBD), 2024 WL 343157 (D.N.J. Jan. 30, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: As to a hostile work environment, Plaintiff does not allege that anyone at the NJBPU ever used…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Frustration” Did Not Rise to the Level of Actionable Hostility
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In Moore v. Pegasus Steel, LLC, Case No. 2:22-cv-3096-RMG, 2024 WL 277779 (D.S.C. Jan. 25, 2024), the court, inter alia, adopted a Magistrate’s Report & Recommendation to deny defendant’s partial motion to dismiss plaintiff’s retaliation claim. From the decision: To establish a prima facie case of retaliation, a plaintiff must show “(1) engagement in a…

Read More Retaliation Claim Survives Dismissal; Court Cites Threat of Termination if Plaintiff Did Not Sign “Inaccurate” Disciplinary Forms
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In Olson v. Takeda Pharmaceuticals America, Inc. et al, Case No. 8:23-cv-590-TPB-CPT, 2024 WL 245978 (M.D.Fla. Jan. 23, 2024), the court (inter alia) denied defendant’s motion to dismiss plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. From the decision: It is true…

Read More Title VII Race Discrimination Claim Survives Dismissal; Discovery Required to Determine Viability of Plaintiff’s Proffered Comparator
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In Mitura v. Finco Services, Inc. et al, 23-CV-2879 (VEC), 2024 WL 232323 (S.D.N.Y. Jan. 22, 2024), the court, inter alia, held that plaintiff sufficiently alleged an “interference” claim under the New York City Human Rights Law. From the decision: The NYCHRL makes it unlawful “to coerce, intimidate, threaten or interfere with, … any person…

Read More NYC Human Rights Law “Interference” Claim Survives Dismissal
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In Rodriguez v. Excellus Bluecross Blueshield, Inc., 5:22-CV-1050 (GTS/CFH), 2024 WL 196747 (N.D.N.Y. Jan. 17, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race-based discrimination (termination) because of her race in violation of 42 U.S.C. § 1981 and the New York State Human Rights Law. This decision delves into the…

Read More Race Discrimination Sufficiently Alleged Under 42 U.S.C. § 1981, Court Holds
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In Leone v. Brown Forman Corp., No. 151627/2019, 2024 WL 198429(N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendant’s motion for summary judgment on their age-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: As it relates to plaintiffs hostile work…

Read More Age-Based Hostile Work Environment Claim Survives Summary Judgment
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In Anderson v. City of New York, 2024 WL 183103 (S.D.N.Y. Jan. 17, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claims. As to plaintiff’s claim under Title VII of the Civil Rights Act of 1964, the court explained: Plaintiff alleges after FDNY assigned her to the morning shift,…

Read More FDNY Paramedic’s Hostile Work Environment Claims Dismissed
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