Pleading

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In Gray v. Minnesota Mining and Manufacturing Company, 3:23-CV-01069 (VDO), 2024 WL 1879745 (D.Conn. April 30, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: To establish a claim of hostile work environment, the workplace [must be] permeated with discriminatory intimidation, ridicule, and insult that is…

Read More Hostile Work Environment Claim Dismissed; Comments and Incidents Were “Isolated” and “Episodic”
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In Painadath v. Melissa Lattanzio, et al, No. 22-3604, 2024 WL 1836500 (E.D.Pa. April 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Construed liberally, Painadath pleads a hostile work environment sexual harassment claim. Painadath alleges that Mrs. Susan made a sexual advance…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Question of Severity or Pervasiveness Best Evaluated at Summary Judgment
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In Gentile v. Touro Law Center, 21-CV-1345 (JS)(ARL), 2024 WL 1719608 (E.D.N.Y. April 22, 2024), the court, inter alia, denied defendant’s motion for reconsideration of its decision to deny defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). The court explained the procedural history (forming the…

Read More Age Discrimination Sufficiently Alleged; Motion for Reconsideration Denied
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In Mattioda v. Nelson, 2024 WL 1710665 (9th Cir. April 22, 2024), the U.S. Court of Appeals for the Ninth Circuit, inter alia, held that plaintiff (a NASA employee) plausibly alleged a disability-based hostile work environment claim in violation of the Retaliation Act of 1973, 29 U.S.C. § 791 et seq. In sum, plaintiff –…

Read More 9th Circuit Reverses Dismissal of NASA Scientist’s Disability-Based Hostile Work Environment Claim
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In Maryam v. LSG Sky Chefs, No. 1:23-cv-914-SDG, 2024 WL 1195535 (N.D.Ga. March 20, 2024), the court held that plaintiff pled sufficient facts to support a sex discrimination claim, based on a tangible employment action harassment theory, in violation of Title VII of the Civil Rights Act of 1964. From the decision: Sexual harassment in…

Read More Title VII Tangible Action Sexual Harassment Claim Sufficiently Alleged, Court Holds
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In Latif v. The City of New York et al, 20 Civ. 8248 (AT), 2024 WL 1348827 (S.D.N.Y. March 28, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of hostile work environment under the New York City Human Rights Law. Among other things, the plaintiff “alleges that she was the target…

Read More Plaintiff Sufficiently Alleges Race-Based Hostile Work Environment Claim Under City, But Not Federal or State, Law, Court Holds
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In Perez v. RJR Maintenance Group Inc., No. 652938/2023, 2024 WL 1532761 (N.Y. Sup Ct, New York County Apr. 5, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under the New York State and City Human Rights Laws. In reaching its conclusion, the court employed the “joint employer”…

Read More Applying “Joint Employer” Doctrine, Court Denies Motion to Dismiss National Origin Discrimination Claims
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In Rivera v. The Fortune Soc., Inc., No. 150022/2023, 2024 WL 1532756 (N.Y. Sup Ct, New York County April 9, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the New York State and City Human Rights Law. From the decision: To state a prima facie case of…

Read More Hispanic Native American Man’s Discrimination Claims Survive Dismissal
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In Farah v. Emirates and Emirates Severance Plan, 21-CV-05786-LTS, 2024 WL 1374762 (S.D.N.Y. March 31, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’ claim of discrimination based on national origin (American). From the decision: To plead a prima facie case of intentional discrimination under Title VII, Plaintiffs must plausibly allege: (1) they…

Read More National Origin (American) Discrimination Claims Survive Dismissal Against Emirates
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In Floyd v. New York Public Radio, 23-cv-1096 (ALC), 2024 WL 1407058 (S.D.N.Y. April 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of Pay Inequality under New York Labor Law § 194. The court summarized the black-letter law as follows: To establish an equal pay violation of the New York…

Read More Radio Host Jami Floyd’s Pay Discrimination Claim Under NY Labor Law 194 Survives Dismissal
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