Pleading

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In Mauro v. New York City Department of Education, No. 21-2671, 2022 WL 17844438 (2d Cir. Dec. 22, 2022), the court vacated the district court’s order dismissing plaintiff’s race discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, for failure to state a claim. This decision illustrates the (relatively) low burden…

Read More Race Discrimination Claim Sufficiently Alleged; “Poor Fit” Comments Supported Allegations
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In Miller v. Longs Drugs d/b/a CVS Health, 2:22-cv-01150-JAD-VCF, 2022 WL 17721205 (D. Nev. Dec. 15, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964. From the decision: Miller alleges that the CVS Health discriminated against her based on her race. To…

Read More Race Discrimination Claim Sufficiently Alleged Against CVS Health, Court Holds
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In Garrison v. American Sugar Refining, Inc. et al, 21 CV 10917 (VB), 2022 WL 17850891 (S.D.N.Y. Dec. 22, 2022), the court held that plaintiff sufficiently alleged a race-based hostile work environment claim against defendants under the New York State Human Rights Law, but not under federal law (Title VII of the Civil Rights Act…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Under State, But Not Federal, Law
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In Suskin v. Oehl, No. 153635/2022, 2022 WL 17581514 (N.Y. Sup Ct, New York County Dec. 08, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the New York State and City Human Rights Laws. From the decision: To state a claim for age discrimination under both…

Read More Age Discrimination Claim Survives Dismissal; Job Duties Were Transferred to Younger Employee
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In Torres v. Gulf Coast Jacks, Inc., No. 4:21-CV-00019, 2022 WL 7579036 (S.D.Tex. Oct. 13, 2022), the court, inter alia, held that plaintiff sufficiently pleaded a claim for race discrimination under Title VII of the Civil Rights Act of 1964. From the decision: A complaint attacked by a Rule 12(b)(6) motion to dismiss does not…

Read More Title VII Race Discrimination Sufficiently Pled; Allegations Included Threat to Call Immigration Authorities
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In Lively v. Wafra Inv. Advisory Group, Inc., 2022 NY Slip Op 06887 (N.Y. App. Div. 1st Dept. Dec. 6, 2022), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s age discrimination asserted under the New York State and City Human Rights Laws. From the decision: Even under the lenient notice pleading standard afforded…

Read More Court Affirms Dismissal of Age Discrimination Complaint
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In Juillet v. The City of New York, No. 156256/2021, 2022 WL 17416915 (N.Y. Sup Ct, New York County Dec. 02, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under the New York City Human Rights Law. From the decision: For purposes of this motion, defendants do not dispute that plaintiff…

Read More “You People” Remark Sufficient to Allege Race Discrimination; Motion to Dismiss Denied
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In Hortas v. Weill Cornell Medical College, No. 162604/2019, 2022 WL 17325643 (N.Y. Sup Ct, New York County Nov. 29, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s constructive discharge/sexual harassment/hostile work environment claim on timeliness grounds. From the decision: A liberal reading of plaintiff’s complaint shows she alleged sexual harassment by…

Read More Constructive Discharge Claim, Based on Allegations of Hostile Work Environment/Sexual Harassment, Sufficiently Alleged
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In Laurent-Workman v. Wormuth, No. 21-1766, 2022 WL 17256701 (4th Cir. Nov. 29, 2022), the U.S. Court of Appeals for the Fourth Circuit, inter alia, vacated a lower court order dismissing plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The district court concluded…

Read More Race-Based Hostile Work Environment, Based on an Alleged “Series of Hateful Workplace Encounters,” Sufficiently Alleged
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In Christian v. The Dept. of Educ. of the City of New York, No. 158793/2021, 2022 WL 17177577 (N.Y. Sup Ct, New York County Nov. 23, 2022), the court denied defendant’s motion to dismiss plaintiff’s race discrimination claims under the New York State and City Human Rights Laws. From the decision: That branch of defendants’…

Read More NYC Teacher’s Race Discrimination Claims Sufficiently Alleged
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