Pleading

by

In Lanier v. Wise County et al, Civil Action No. 4:23-cv-01241-O, 2024 WL 4536468 (N.D.Tex. Oct. 21, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claim of same-sex sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Fifth Circuit has established a two-step process…

Read More Applying Fifth Circuit Law, Court Dismisses Title VII Same-Sex Sexual Harassment Claim
Share This:
by

In Jesenia Villalobos v. Merrill Lynch, No. CV-24-02139-PHX-JJT, 2024 WL 4566852 (D.Ariz. Oct. 24, 2024), the court dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act 1964. After summarizing the black-letter law, the court applied it to the facts: In this case, the conduct complained of by Plaintiff was…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Expressed Romantic Interest Was Not Sufficiently “Severe”
Share This:
by

In Simmons v. The City of New York, No. 157761/2023, 2024 WL 4467701 (N.Y. Sup Ct, New York County Oct. 08, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race and gender discrimination. From the decision: To sufficiently allege a prima facie case of employment discrimination under State HRL and…

Read More Race, Gender Discrimination Sufficiently Alleged Against City of New York
Share This:
by

In Frey v. Northern Soy, Inc. et al, Case # 23-CV-6198-FPG, 2024 WL 4373767 (W.D.N.Y. Oct. 2, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims. From the decision: Title VII, NYSHRL, and ADA Retaliation Claims Plaintiff alleges that her termination was retaliation for her complaints about sex and disability discrimination,…

Read More Retaliation Claims Sufficiently Alleged; Termination Closely Followed Complaints of Sex and Disability Discrimination
Share This:
by

In Wu v. Wunderkind Corp., No. 155165/2023, 2024 WL 4307855 (N.Y. Sup Ct, New York County Sep. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race & national origin discrimination asserted under the New York State and City Human Rights Laws. From the decision: That branch of defendant’s motion…

Read More Race & National Origin Discrimination Claims Sufficiently Alleged, Based on Alleged Negative Comments as to Plaintiff’s Accent
Share This:
by

In Parham v. The City of New York, No. 450008/2021, 2024 WL 4373349 (N.Y. Sup Ct, New York County Oct. 2, 2024), the court denied defendants’ motion to dismiss plaintiff’s claims of race discrimination under the New York State and City Human Rights Laws. This decision is instructive because it underscores that there is no…

Read More Race Discrimination Claims Sufficiently Alleged Under the New York State & City Human Rights Laws
Share This:
by

In Cruz v. Local 32BJ and Harvard Maintenance, Inc., 22 Civ. 3068 (PGG) (SDA), 2024 WL 4357036 (S.D.N.Y. Sept. 30, 2024), the court denied defendant’s motion to dismiss plaintiff’s claims of retaliation under Remove term: 42 USC § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Retaliation Claim, Based on 9-Day Gap Between Protected Activity and Adverse Action, Plausibly Alleged
Share This:
by

In Lee v. Riverbay Corporation, No. 22-CV-7504-LTS, 2024 WL 4312166 (S.D.N.Y. Sept. 27, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. As…

Read More Hostile Work Environment Claims, Based on Asian Jokes, Survive Dismissal
Share This:
by

In Bray v. Rhythm Management Group, LLC, 2024 Wl 4278989 (D. Md. Sept. 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Defendants assert that Bray’s allegations do not describe conduct sufficiently “severe or pervasive” to alter the conditions of her employment and…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged
Share This:
by

In Rivera v. The CSI Companies Inc., Case No: 8:24-cv-01450-WFJ-NHA, 2024 WL 4264839 (M.D.Fla. Sept. 23, 2024), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that she received “unwarranted and unwelcome sexual advances”…

Read More Hostile Work Environment Sexual Harassment Claim, Based on Alleged Co-Worker’s Sexual Comments, Survives Dismissal
Share This: