Pleading

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In Judson v. Elliott Management Corp., No. 652185/2021, 2023 WL 1800998 (N.Y. Sup Ct, New York County Feb. 06, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s age-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: While Plaintiff cannot state a claim for hostile…

Read More Age-Based Hostile Work Environment Sufficiently Alleged Against Elliott Management Corp.
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In In re McDonald’s Corporation Stockholder Derivative Litigation, 2023 WL 387292 (Del.Ch. Jan. 26, 2023), the court, inter alia, held that the stockholder plaintiffs successfully alleged a claim of breach of fiduciary duty against David Fairhurst, who served as Executive Vice President and Global Chief People Officer of McDonald’s Corporation until his termination. This case…

Read More McDonald’s Stockholders’ Duty of Loyalty Claim, Arising From Executive Vice President’s Alleged Acts of Sexual Harassment, Survives Dismissal
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In Heavans v. Dodaro, No. 22-836 (BAH), 2022 WL 17904237 (D.D.C. Dec. 23, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of discrimination based on his national origin (Iranian), but not his sex. With respect to the issue of whether the alleged offending conduct constitutes an actionable “adverse employment action,” the…

Read More National Origin Discrimination Claim, Based on Alleged “Mimicking” and “Caricaturing” Iranian Background and Accent, Survives Dismissal
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In Ferrell v. City of Wilmington et al, No. 21-1593-RGA, 2023 WL 1437765 (D.Del. Feb. 1, 2023), the court, inter alia, recommended that the court deny defendants’ motion to dismiss plaintiff’s claim of a religion-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. Specifically, the court rejected defendants’…

Read More Pork in Pocket, Among Other Evidence, Supports Finding That Religion-Based Hostile Work Environment Claim Was Sufficiently Alleged
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In a recent decision, Young v. Colorado Department of Corrections et al, No. 22-cv-00145-NYW-KLM, 2023 WL 1437894 (D.Colo. Feb. 1, 2023), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Generally, in order to prevail on a hostile work environment claim (under…

Read More Mandatory Trainings Using Terms Such as “White Fragility” & “White Supremacy” Did Not Give Rise to Hostile Work Environment Claim, Court Holds
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In Housing Rights Initiative, Inc. v. Elliman et al, No. 154472/2022, 2023 WL 1387426 (N.Y. Sup Ct, New York County Jan. 30, 2023), the plaintiff – a nonprofit housing group – alleges that defendants (real estate agents, brokerage firms, property management companies, and property owners) “willfully and intentionally refused to rent apartments to individuals who…

Read More Source-of-Income Housing Discrimination Claims Proceed Against Elliman, Others
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In Syeed v. Bloomberg L.P., 2023 WL 350565 (2d Cir. Jan. 23, 2023), the court addressed, and certified to the New York Court of Appeals, the following question: Whether a nonresident plaintiff not yet employed in New York City or State satisfies the NYCHRL or NYSHRL impact requirement if the plaintiff pleads and later proves…

Read More Second Circuit Certifies Question of Geographic Applicability of NYS and NYC Human Rights Laws to NY Court of Appeals
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In Gardner-Alfred v. Federal Reserve Bank of New York, 2023 WL 253580 (S.D.N.Y. Jan. 26, 2023), the court, inter alia, permitted plaintiff’s religious discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, to continue. This decision is instructive as to what constitutes “religion” within the meaning of Title VII: Gardner-Alfred has…

Read More Title VII Religious Discrimination Claim, Arising From Termination Due to Vaccine Refusal, Survives Dismissal
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In Jahan v. New York City Health and Hospitals Corp., No. 158707/2021, 2023 WL 173200, 2023 N.Y. Slip Op. 30107(U) (N.Y. Sup Ct, New York County Jan. 11, 2023), the court, inter alia, held that plaintiff – a woman of Indian ethnicity, Muslim religion, and Bangladesh national origin – sufficiently alleged a hostile work environment…

Read More Hostile Work Environment Claim, Based in Part on Alleged Harassment During Ramadan, Survives Dismissal
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In Brown v. New York City Dept. of Educ., No. 157642/2020, 2023 WL 173201, 2023 N.Y. Slip Op. 30106(U) (N.Y. Sup Ct, New York County Jan. 12, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s national origin discrimination claims (in part) against the NYC Dept. of Education. From the decision: With respect…

Read More National Origin Discrimination Claims Proceed Against NYC Dept. of Education
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