Pleading

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In Ajala v. Limani 51, LLC, No. 153433/2023, 2024 WL 5169823 (N.Y. Sup Ct, New York County Dec. 17, 2024), the court held that plaintiff sufficiently alleged a hostile work environment claims under the New York State and City Human Rights Laws. From the decision: A racially hostile work environment exists when the workplace is…

Read More Hostile Work Environment Claim Survives Dismissal; Court Cites Sex and Race-Based Comments
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In Brooks v. Liberty Mutual Insurance Co., 2024 WL 5186527 (S.D.N.Y. Dec. 20, 2024), an employment discrimination/hostile work environment case, the court dismissed plaintiff’s third amended complaint (TAC). Interestingly, the court did not address the merits, but rather focused on the procedural requirements for such a complaint: Rule 8(a)(2) of the Federal Rules of Civil…

Read More 100+ Page Hostile Work Environment Complaint Dismissed as Being Neither “Short Nor Plain”
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In Troeger v. JetBlue Airways Corp., 2024 WL 5146185 (S.D.N.Y. December 17, 2024), the court denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law, the court applied it to the facts as follows: Here, Troeger does not allege…

Read More Hostile Work Environment Claim Survives Dismissal Against JetBlue, Court Holds
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In Kueh v. New York and Presbyterian Hospital, 2024 WL 4882172 (S.D.N.Y. Nov. 25, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate religion claim under Title VII of the Civil Rights Act of 1964. From the decision: The second and third causes of action allege failure to accommodate under Title VII…

Read More Vaccine-Related Failure-to-Accommodate Religion Claim Survives Dismissal, Court Holds
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In Moore v. XWELL, Inc., No. 650891/2024, 2024 WL 5057101 (N.Y. Sup Ct, New York County Dec. 6, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of discrimination asserted under New York Labor Law § 201-d. Here, plaintiff alleges that, on June 13, 2023, her managers told plaintiff that she smelled…

Read More Employee Terminated For “Smelling Like Cannabis” Sufficiently Alleges Claim Under NY Labor Law § 201-d
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In Sabic-El-Rayess v. Teachers College, Columbia University, 24-CV-2891 (JMF), 2024 WL 4988408 (S.D.N.Y., 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of religious discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: By contrast, the Court concludes that Dr. Sabic-El-Rayess’s allegations are sufficient to state…

Read More Religious Discrimination Claims Against Columbia Survive Dismissal
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In Ancrum v. New York City Department of Environmental Protection, 2024 WL 5009145 (S.D.N.Y. Dec. 6, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: For Title VII purposes, a workplace is actionably hostile when it…

Read More Title VII Sexual Harassment Claim Dismissed; Comments, While “Despicable” and “Offensive”, Held Not Actionable
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In Adeniji v. The City of New York, No. 152761/2022, 2024 WL 4939661 (N.Y. Sup Ct, New York County Nov. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims under the New York State and City Human Rights Laws. From the decision: Plaintiff opposes this prong of…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal; Allegations Include a History of Maltreatment and Denied Opportunities
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In Philippe v. The City of New York, No. 151444/2023, 2024 WL 4850897 (N.Y. Sup Ct, New York County Nov. 15, 2024), the court dismissed plaintiff’s claims of employment discrimination asserted under the New York State and City Human Rights Laws. This decision provides instructive guidance as to how courts apply the general rule of…

Read More Employment Discrimination Case Dismissed, Absent Allegation Taht Plaintiff Was Treated Differently or Worse Than Colleagues of Other Races
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In Sfanos v. Cranberry Crossroads Dining Venture, LLC, 2:23-CV-1502, 2024 WL 4827171 (W.D.Pa. Nov. 19, 2024), the court, inter alia, held that plaintiff sufficiently alleged a sex-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Most of Ms. Sfanos’s sex-related allegations amount to inappropriate comments of…

Read More Sex-Based Hostile Work Environment Claim Survives Dismissal; Allegations Include Sexual Comments and a “Humping Gesture”
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