Pleading

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In Myrtil v. Serra Chevrolet, LLC, Case No. 2:22-cv-02595-MSN-tmp, 2023 WL 6367667 (W.D.Tenn. Sept. 29, 2023), the court, inter alia, adopted a Magistrate Judge’s Report & Recommendation to deny defendant’s motion to dismiss plaintiff’s claim of a hostile work environment (based on national origin) in violation of Title VII of the Civil Rights Act of…

Read More National Origin-Based Hostile Work Environment Claim Sufficiently Alleged
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In Mayorga v. Ira Greenberg, NYS Division of Homeland Security and Emergency Services, 22-CV-387 (AMD) (RML), 2023 WL 6307994 (E.D.N.Y. Sept. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of discrimination (based on gender, sexual orientation, race and national origin), constructive discharge, and hostile work environment sexual harassment under the…

Read More Discrimination, Constructive Discharge, Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Against NYS Division of Homeland Security and Emergency Services
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In Perez v Y & M Transportation Corporation, No. 2021-02890, 518884/20, 2023 N.Y. Slip Op. 04675, 2023 WL 6134310 (N.Y.A.D. 2 Dept., Sep. 20, 2023), the Appellate Division, Second Department affirmed the denial of defendants’ motion to dismiss plaintiff’s discrimination, hostile work environment, and retaliation claims in violation of the New York City Human Rights…

Read More Race, Perceived Disability Discrimination Claims Sufficiently Alleged Under NYC Human Rights Law
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In Safyan v. The Dept. of Educ. of the City of New York, No. 500312/2023, 2023 WL 5957086 (N.Y. Sup Ct, Kings County Sep. 13, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race-based discrimination, retaliation, and hostile work environment asserted under the New York State and City Human Rights…

Read More Race Discrimination, Retaliation, Hostile Work Environment, and Failure to Accommodate Disability Claims Against NYC DOE Survive Dismissal
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In Sokolovsky v. Silver Lake Specialized Care Center et al, 21-CV-01598 (MKB), 2023 WL 5977298 (E.D.N.Y. Sept. 14, 2023), the court, inter alia, held that plaintiff sufficiently alleged claims of hostile work environment (based on her national origin and religion) under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New…

Read More National Origin, Religion-Based Hostile Work Environment Claims Sufficiently Alleged, Court Holds
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In Herrera v. The City of New York, No. 152586/2022, 2023 WL 5805938 (N.Y. Sup Ct, New York County Sep. 07, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claims asserted under the New York State and City Human Rights Laws. Among other things, this decision illustrates the difference between federal discrimination…

Read More Aspiring NYPD Officer’s Age Discrimination Claims Survive Dismissal Against the City of New York
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In Samuels v. City of New York et al, 22-cv-1904 (JGK), 2023 WL 5717892 (S.D.N.Y. Sept. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1954, the New York State Human Rights Law, and the New York…

Read More Gender-Based Hostile Work Environment Claims Survive Dismissal; Allegations Include Physical and Verbal Harassment
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In Ayende v. The City of New York, No. 153423/2022, 2023 WL 5531761, 2023 N.Y. Slip Op. 32970(U) (N.Y. Sup Ct, New York County Aug. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims. From the decision: Plaintiff must state a prima facie cause of action for employment discrimination…

Read More Disability Discrimination Claims Sufficiently Alleged Against the City of New York
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In Izuogu v. Aramark Food Services, No. 100625/2022, 2023 WL 5628205 (N.Y. Sup Ct, New York County Aug. 31, 2023), the court  granted defendant’s motion to dismiss plaintiff’s employment discrimination claims. The decision is instructive both as to the technical requirements for pleading a cause of action in a New York State Court complaint, as…

Read More Employment Discrimination Complaint Dismissed; Allegation That Plaintiff Was Forced to Perform Tasks Outside Job Description Held Insufficient
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In Everett v. New York City Department of Education et al, 21 Civ. 7043 (JPC), 2023 WL 5629295 (S.D.N.Y. August 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law applicable to…

Read More Race Discrimination Claim Sufficiently Alleged Against NYC Department of Education, Court Holds
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