Pleading

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In Royston Jeffrey, et al. v. Stephanie Collins, No. 2021-01158, 2021-03170, 527241/19, 2023 WL 4340250 (N.Y.A.D. 2 Dept., July 05, 2023), the court reversed the lower court’s order granting defendant’s motion to dismiss plaintiff’s claim of unlawful discrimination in housing accommodations. The following are the facts, as summarized by the court: In December 2019, the…

Read More NYC Human Rights Law Housing Discrimination Claim Survives Dismissal
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In Julie Richmond v. Alan J. Sorensen, 22 CV 10075 (VB), 2023 WL 4239083 (S.D.N.Y. June 28, 2023), the court denied defendant’s motion to dismiss plaintiff’s sex discrimination claim asserted pursuant to 42 U.S.C. § 1983 and the Fourteenth Amendment. After summarizing the black-letter law – and noting that where, as here, the “color of…

Read More Sex Discrimination Claim Plausibly Alleged by Upstate Official
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In Baptiste v. The City University of New York et al., 22-CV-2785 (JMF), 2023 WL 4266914 (S.D.N.Y. June 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based retaliation claim, asserted under 42 U.S.C. § 1981. Here, plaintiff’s retaliation claim arises out of her termination, which occurred one day after she engaged…

Read More Race-Based Retaliation Claim Survives Dismissal; Termination Occurred One Day After Protected Activity
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In Calixte v. 14 Street Medical, P.C., No. 522952/22, 2023 WL 4083561 (N.Y. Sup Ct, Kings County June 13, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation in violation of the New York State and City Human Rights Laws. From the decision: The third and sixth causes of action…

Read More Retaliation Claims, Based on Alleged Racial Harassment Following Opposition to Wage Calculation, Survive Dismissal
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In Calixte v. 14 Street Medical, P.C., No. 522952/22, 2023 WL 4083561 (N.Y. Sup Ct, Kings County June 13, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a race-based hostile work environment in violation of the New York State and City Human Rights Laws. From the decision: The second and…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Court Cites “Slave” Reference
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In Bibbs v. CNHI, LLC, 2023 WL 3848382 (S.D.Ind. June 6, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: As for her hostile work environment claim pursuant to § 1981, CNHI contends that she has failed to allege anything rising to the level of…

Read More Merely Invoking the Words “Hostile Work Environment” Insufficient; Claim Dismissed
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In Kennedy v. Lloyd J. Austin III, in his official capacity as Secretary of the Department of Defense, 2023 WL 3931961 (S.D.Ga. June 9, 2023), the court dismissed plaintiff’s employment discrimination complaint for failure to state a claim. This decision is instructive regarding best practices when pleading different theories of recovery (here, disparate treatment and…

Read More “Shotgun” Discrimination Complaint Dismissed
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In Estep v. Brenner, No. 159639/2022, 2023 WL 3889780 (N.Y. Sup Ct, New York County June 08, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under the New York City Human Rights Law (but not the New York State Human Rights Law). This decision, as such, illustrates the…

Read More Derogatory Remarks, Rumors Support Sufficiently-Alleged Hostile Work Environment Claim Under the New York City Human Rights Law
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In Almasri v. City of New York – N.Y.C. Dept. of Educ., No. 155062/2021, 2023 WL 3819099 (N.Y. Sup Ct, New York County June 05, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s employment discrimination claims. From the decision: The Court now turns to the branch of DOE’s motion, pursuant to CPLR…

Read More Arabic/Middle Eastern-Based Discrimination Claims Survive Dismissal
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In Sharp v. S&S Activewear, L.L.C., 2023 WL 3857491 (9th Cir. June 7, 2023), the court vacated a lower court’s dismissal of plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964 based on “music with sexually derogatory and violent content, played constantly and publicly throughout the…

Read More Sexually Demeaning, Violent Music Could Give Rise to Actionable Hostile Work Environment, Even if “Equally Offensive” to Men & Women
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