Pleading

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In Stripling v. Ingram Barge Company, LLC, No. 3:21-cv-00654, 2022 WL 17475764 (M.D.Tenn. Dec. 6, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: A prima facie claim for discrimination arising out sexual…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged; Court Rejects Defense Argument Focusing on “Discrete” Acts
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In Lewkowicz v. Terence Cardinal Cook Health Center et al, No. 153100/20, 17046, 2021-04033, 2023 N.Y. Slip Op. 00061, 2023 WL 138824 (N.Y.A.D. 1 Dept. Jan. 10, 2023), the New York Appellate Division, First Department affirmed the lower court’s dismissal of plaintiff’s complaint, which alleged age discrimination under the New York State and City Human…

Read More Age Discrimination Claim Properly Dismissed, First Department Holds
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In Garcia v. Denver Health Medical Center, Civil Action No. 22-cv-01651-CNS-MEH, 2023 WL 22186 (D.Colo. January 3, 2023), the court, inter alia, found that plaintiff plausibly alleged her claim of “reverse” race discrimination, asserted under Title VII of the Civil Rights Act of 1964, be denied. From the decision: Plaintiff also claims that she suffered…

Read More “Reverse” Race Discrimination (Hostile Work Environment) Claim Sufficiently Alleged, Colorado District Court Holds
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In Small v. New York City Department of Education et al, 1:21-cv-1527-GHW, 2023 WL 112546 (S.D.N.Y. Jan. 5, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims that he was subject to unlawful discrimination, in that he was terminated because of his perceived sexual orientation, in violation of Title VII of the…

Read More Teacher Sufficiently Alleges Discriminatory Termination Based on Perceived Sexual Orientation
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In Small v. New York City Department of Education et al, 1:21-cv-1527-GHW, 2023 WL 112546 (S.D.N.Y. Jan. 5, 2023), the court, inter alia, held that plaintiff – a teacher – sufficiently alleged a sexual orientation-based hostile work environment claim under the New York City Human Rights Law (but not under Title VII of the Civil Rights Act…

Read More Student-on-Teacher Sexual Orientation Hostile Work Environment Claim Survives Dismissal Under NYC Law
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In Lugo v. Jfk Cartage, Inc., No. 704862/22, 2022 WL 17733500 (N.Y. Sup Ct, Queens County Nov. 23, 2022), the court denied defendant’s motion to dismiss plaintiff’s claims of employment discrimination asserted under the New York State Human Rights Law. From the decision: On a motion to dismiss for failure to state a cause of…

Read More Age Discrimination Complaint Passes Muster Under the NYS Human Rights Law
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In Anderson v. US Polymers-Accurez, LLC, Case No. 4:22-cv-1022-MTS, 2022 WL 17496062 (E.D.Mo. Dec. 8, 2022), the court denied defendant’s motion to dismiss plaintiff’s complaint alleging race discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. This case is instructive as to how courts assess the pleading sufficiency…

Read More Race Discrimination Claims Sufficiently Alleged; Forced Transfer May Constitute an “Adverse Employment Action”
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In Davis v. Dawgs of St. John, Inc., d/b/a Sundog Café et al, Case No. 3:20-cv-0112, 2022 WL 17735829 (D.Virgin Islands Dec. 16, 2022), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of…

Read More Hostile Work Environment Sexual Harassment Claim, Based on Alleged Vulgar Comments, Survives Dismissal
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In Parker v. Israel Discount Bank of New York, Inc., No. 21-CV-7196 (VEC), 2022 WL 16833626 (S.D.N.Y. Nov. 9, 2022), the court discussed and applied the “administrative exhaustion” requirement for asserting a claim in court under Title VII of the Civil Rights Act of 1964. Specifically, it denied plaintiff’s motion to amend her complaint to…

Read More “Passing References” to Gender in EEOC Charge Insufficient to Exhaust Administrative Remedy; Leave to Amend Complaint Denied as Futile
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In Alkins v. City of New York, No. 160778/2021, 2022 WL 17811985, 2022 N.Y. Slip Op. 34284(U) (N.Y. Sup Ct, New York County Dec. 19, 2022), the court, inter alia, held that plaintiff sufficiently alleged claims for race discrimination under the New York State and City Human Rights Laws. From the decision: The Amended Complaint…

Read More Race Discrimination Claims, Based on Denial of Work-From-Home Request, Sufficiently Alleged
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