Pleading

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In Williams v. Genmill LLC, No. 652706/2020, 2023 WL 2650427, 2023 N.Y. Slip Op. 30942(U) (N.Y. Sup Ct, New York County Mar. 27, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of gender discrimination under the New York State Human Rights Law. The plaintiff here alleged, among other things, that defendant…

Read More Absence of Employer/Employee Relationship Dooms NYS Human Rights Law Gender Discrimination Claim
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In Kaba v. Zara USA, Inc., No. 157434/2022, 2023 WL 2650422, 2023 N.Y. Slip Op. 30930(U) (N.Y. Sup Ct, New York County Mar. 27, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s public accommodation discrimination claim under the New York State and City Human Rights Laws. From the decision: The Court is…

Read More Public Accommodation Discrimination Claims Sufficiently Alleged Against Zara
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In Girardi v. Ferrari Express, Inc. et al, 220-CV-4298 (VSB), 2023 WL 2744027 (S.D.N.Y. March 31, 2023), the court held that plaintiff sufficiently alleged claims of sexual harassment, and thus denied defendant’s motion to dismiss. As to plaintiff’s claim against individual defendant Fabio Ravera, defendant Ferrari Express’s general manager and chief financial officer, the court…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged
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In Summerville v. Tradeweb Markets, LLC, No. 160245/2021, 2023 WL 2613131 (N.Y. Sup Ct, New York County Mar. 23, 2023), the court, inter alia, dismissed plaintiff’s race- and gender-based discrimination and hostile work environment claims asserted under the New York State and New York City Human Rights Laws. From the decision: Plaintiff alleges that the…

Read More Race/Gender Discrimination & Hostile Work Environment Claims Dismissed
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In Higgins v. Gladstone Gallery LLC, No. 150934/2022, 2023 WL 1961164, 2023 N.Y. Slip Op. 30436(U) (N.Y. Sup Ct, New York County Feb. 10, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the…

Read More Retaliation Claim, Including Alleged Constructive Discharge, Survives Dismissal
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In a recent case, Boucher et al v. Trustees of Canisius College et al, No. 1:22-cv-00381, 2023 WL 2544625 (W.D.N.Y. March 17, 2023), the court denied defendant’s motion to dismiss plaintiff’s “hostile educational environment” sexual harassment claim asserted under Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681. Plaintiffs allege, in sum,…

Read More Sexual Harassment/Hostile Educational Environment Claim Survives Dismissal Against Trustees of Canisius College
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In Walker v. Christine E. Wormuth, Secretary of the Army, 2023 WL 2428903 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that the Court must dismiss this claim…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Court Cites “Troublemaker” and “Angry Black Woman” Comments
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In Baez v. Amazon.com Services, LLC, 2023 WL 2390539 (E.D.N.Y. March 7, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s national origin-based hostile work environment claim. After summarizing the “black letter” law applicable to this claim, the court applied it to the facts, as follows: Here, Plaintiff alleges that ever since the…

Read More National Origin-Based Hostile Work Environment Dismissed Against Amazon
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In Hunter v. Barnes & Noble, Inc., No. 153467/2022, 2023 WL 2366844 (N.Y. Sup Ct, New York County Mar. 3, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race discrimination, race-based harassment, retaliation, and aiding-and-abetting discrimination under the New York State Human Rights Law. As to plaintiff’s “adverse action” discrimination…

Read More Race-Based Discrimination Claim Sufficiently Alleged Against Barnes & Noble
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In Eustache v. Bd. of Educ. of the City School Dist. of the City of New York, No. 153619/2019, 2023 WL 2307500 (N.Y. Sup Ct, New York County March 1, 2023), the court granted plaintiff’s motion for reconsideration, finding that the court previously erred in dismissing plaintiff’s cause of action for retaliation under the New…

Read More Retaliation Claim Sufficiently Alleged; Suspension Closely Followed Complaint of Sexual Harassment
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