Pleading

by

In Loth v. City of New York, No. 160925/2021, 2023 WL 3456623 (N.Y. Sup Ct, New York County May 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: At this early stage of the litigation,…

Read More Sex/Gender Discrimination Claims Sufficiently Alleged; Comments Included “Calendar Girl” Remark
Share This:
by

In Kirstyn Crawford v. American Broadcasting Company, et al., No. 157874/21, 2022-02552, 258, 2023 N.Y. Slip Op. 02611, 2023 WL 3468449 (N.Y.A.D. 1 Dept., May 16, 2023), the court modified the lower court’s dismissal of plaintiff’s hostile work environment and sex discrimination claims. From the decision: The allegations supporting plaintiff’s hostile work environment and sex…

Read More Sex-Based Hostile Work Environment Claim Against ABC Resurrected From Dismissal
Share This:
by

In Mackenzie v. New York City Dept. of Education, No. 21-CV-5711-LTS, 2023 WL 2711848 (S.D.N.Y. March 30, 2023), the court denied defendants’ motion to dismiss plaintiff’s age discrimination claims asserted under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights Law. From the decision:…

Read More Teacher Plausibly Alleges Age Discrimination, Court Holds
Share This:
by

In Roman v. City of New York, No. 161413/2021, 2023 WL 3225419 (N.Y. Sup Ct, New York County Apr. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age and race-based discrimination and hostile work environment claims under the New York State and City Human Rights Laws. From the decision: Plaintiff alleges…

Read More Age- and Race-Based Discrimination Claims Sufficiently Alleged Against NYC Under the NYS and NYC Human Rights Laws
Share This:
by

In Harvison v. G.A. West & Co., Inc., 2023 WL 2998482, at *5 (S.D.Miss. April 18, 2023), the U.S. District Court for the Southern District of Mississippi, inter alia, granted one plaintiff leave to file an amended complaint to assert a “quid pro quo” sexual harassment claim under Title VII of the Civil Rights Act…

Read More Title VII “Quid Pro Quo” Sexual Harassment Claim, With Amendment, Plausibly Alleged
Share This:
by

In Freud v. New York City Department of Education et al, 2023 WL 3103588 (2d Cir. April 27, 2023), the court affirmed the dismissal of plaintiff’s religion-based hostile work environment claim. From the decision: Freud has also failed to state a claim for hostile work environment, which requires him to plausibly allege that “the workplace…

Read More Title VII Religion-Based Hostile Work Environment Claim Properly Dismissed, 2d Circuit Holds
Share This:
by

In Smith v. CHR Medical Corporation et al, No. 3:22-cv-00743, 2023 WL 3065220 (M.D. Tenn. April 24, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims alleged under Title VII of the Civil Rights Act of 1964 (based on gender) and the Age Discrimination in Employment Act (based on…

Read More Age/Gender-Based Hostile Work Environment Claims “Barely” Survive Dismissal
Share This:
by

In Deshazer v. L&W Supply Corporation d/b/a Building Specialties et al, 2023 WL 2977733 (W.D.Okla. April 17, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim under title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: Here, the single use…

Read More Single Use of “N” Word By Coworker Insufficient to Make Out Hostile Work Environment Claim, Court Holds
Share This:
by

In Richards v. The Department of Education of the City of New York, 21-cv-338 (LJL), 2023 WL 2876585 (S.D.N.Y. April 10, 2023), the court denied defendants’ motion to dismiss plaintiff’s discrimination claim asserted under the New York City Human Rights Law. This case illustrates the differences between federal anti-discrimination laws, on the one hand, and the broader,…

Read More Race/Religion Discrimination Claim Sufficiently Alleged Against NYC Dept. of Education, Court Holds
Share This:
by

In Buon v. Spindler, 2023 WL 2903401 (2d Cir. April 12, 2023), the court vacated the lower court’s order dismissing plaintiff’s discrimination claim. From the decision: Here, Buon has met her minimal burden by alleging facts that give rise to a plausible inference of discrimination with respect to the denial of her application to administer…

Read More Second Circuit Revives Discrimination Claims; “Mosaic” of Allegations Sufficient
Share This: