Pleading

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In Santiago v. Acacia Network, Inc. et al, 2022 WL 6775835 (S.D.N.Y. October 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim(s) asserted under the New York City Human Rights Law. From the decision: The plaintiff also argues that the defendants fostered a hostile work environment in violation…

Read More Hostile Work Environment & Pay Discrimination Claims Sufficiently Alleged Against Acacia Network, Court Rules
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In Thomas v. The City of New York, No. 150877/2021, 2022 WL 4552068 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed plaintiff’s retaliation claim asserted under the New York City Human Rights Law. Generally, in order to make out a retaliation claim, a plaintiff must sufficiently allege three elements: (1) “protected…

Read More Retaliation Claim Insufficiently Alleged; Element of Causation Lacking
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In Stancu v. New York City/Parks Dept., 20-CV-10371(ALC), 2022 WL 4581844 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To establish a hostile work environment … a plaintiff must show…

Read More Religion-Based Hostile Work Environment Claim Sufficiently Alleged
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In Cadet v. Alliance Nursing Staffing of New York, Inc., No. 21 Civ. 3994, 2022 WL 4584246 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, held that plaintiff – a former home health aide – sufficiently alleged a race-based hostile work environment under 42 U.S.C. § 1981 and the New York City Human Rights Law.…

Read More Racially Hostile Work Environment Claim Sufficiently Alleged, Against Alliance Nursing Staffing of New York, by Black Home Health Aide Based on Alleged Conduct of Elderly Client
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In McMillian v. New York City Taxi and Limousine Commission et al, No. 20-cv-5722 (LDH), 2022 WL 4539689 (E.D.N.Y. Sept. 28, 2022), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim. From the decision: Defendants argue that Plaintiff’s hostile work environment claim should be dismissed because Plaintiff does not provide any concrete examples…

Read More Title VII Hostile Work Environment Claim, Lacking Connection to Gender, Dismissed
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In Myers v. Inspector Mary Christine Doherty et al, 2022 WL 4477050 (2d Cir. Sept. 27, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal (for failure to state a claim) of plaintiff’s hostile work environment claim asserted under 42 U.S.C. § 1983 (the analysis of which parallels the evaluation of…

Read More Hostile Work Environment Dismissal Affirmed; Conduct, Though Unpleasant, Was Too Sparse to be Actionable
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In Lee v. Independent Mechanical, Inc., No. 160681/2017, 2022 WL 4117326, 2022 N.Y. Slip Op. 33032(U) (N.Y. Sup Ct, New York County Sep. 09, 2022), the court , inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: Even one racial epithet is inexcusable. A racially hostile work environment…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal
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In Holston v. Janet Yellen, Secretary of Treasury, No. 20-3533, 2022 WL 4355289 (D.D.C. Sept. 20, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After outlining the plaintiff’s allegations, the court explained: Taking the allegations described…

Read More Federal Employee’s Race-Based Hostile Work Environment Claim Survives Dismissal
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In Weekes v. Jetblue Airways Corporation et al, No. 21-CV-1965 (MKB), 2022 WL 4291371 (E.D.N.Y. Sept. 16, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability-related hostile work environment claims asserted under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Disability (Asthma)-Based Hostile Work Environment Claim Sufficiently Alleged Against JetBlue
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In Werahera v. Regents of University of Colorado, No. 21-cv-02776-NYW, 2022 WL 3645979 (D.Colo. August 24, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After explaining the “black letter” law and elements of this claim, the…

Read More Religion and National Origin Discrimination Claims Survive Motion to Dismiss Against Regents of the University of Colorado
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