Pleading

by

In Rojas v. Human Resources Administration, 2022 WL 3716851 (E.D.N.Y. August 29, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In support of this claim, plaintiff pointed to four incidents that occurred over roughly five months, namely: (1) Plaintiff’s supervisor telling…

Read More Hostile Work Environment Claim Dismissed; “Sarcastic” Comments About “Looks” Etc. Insufficient
Share This:
by

In Cherkasky v. Boyertown Area School District, No. 5:21-cv-5204, 2022 WL 1965899 (E.D.Pa. June 6, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim – even though it dismissed her underlying sex-based discrimination claims. This case is an apt example of how a claim of unlawful “retaliation” may survive under Title…

Read More Retaliation Claims Sufficiently Alleged By Teacher, Despite Dismissal of Underlying Sex-Based Discrimination Claims
Share This:
by

In Cherkasky v. Boyertown Area School District, No. 5:21-cv-5204, 2022 WL 1965899 (E.D.Pa. June 6, 2022), the court, inter alia, dismissed plaintiff’s sex-based discrimination claims under Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act. From the decision: The first and most crucial element to Cherkasky’s discrimination claim is…

Read More Teacher’s Sex-Based Discrimination Claims, Based on Students’ Use of the Word “Bitch,” Dismissed
Share This:
by

In Miro v. City of Bridgeport, No. 3:20CV00346(SALM), 2022 WL 3284400 (D.Conn. Aug. 11, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of sexual harassment – alleged under the rubric of “hostile work environment” and “quid pro quo” theories – in violation of Title VII of the Civil Rights Act of…

Read More Hostile Work Environment and Quid Pro Quo Sexual Harassment Claims Survive Dismissal
Share This:
by

In Syeed et al v. Bloomberg L.P., 1:20-cv-7464-GHW, 2022 WL 3447987 (S.D.N.Y. Aug. 17, 2022), the court, inter alia, denied (in part) defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws.[1]The court dismissed plaintiff’s claims asserted under Title VII of the Civil Rights Act of…

Read More Retaliation Claims Sufficiently Alleged, in Part, Against Bloomberg L.P.
Share This:
by

In Strobel v. Westfield State University, No. 3:21-cv-30074-KAR, 2022 WL 3214965 (D.Mass. August 9, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff, who was employed by defendant as a maintainer, alleged that…

Read More Sexual Harassment Claim, Including Alleged Buttocks-Grabbing, Sufficiently Alleged
Share This:
by

In Wray v. Westchester Medical Center Advanced Physician Services, P.C., et al, 21-CV-00394 (PMH), 2022 WL 3214924 (S.D.N.Y. Aug. 9, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race discrimination claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human…

Read More Race Discrimination Claims Sufficiently Alleged Against Westchester Medical Center Advanced Physician Services
Share This:
by

A recent decision, Carroll v. Amazon Data Services, Inc., No. 1:21-cv-01177 (RDA/TCB), 2022 WL 3161895 (E.D. Va. Aug. 8, 2022), illustrates that even workplace conduct that is, by most measures, unpleasant does not necessarily give rise to an actionable “hostile work environment” claim that violates Title VII of the Civil Rights Act of 1964. From…

Read More Hostile Work Environment Claim Dismissed; Hair Comments and Touching (While Troubling) Was Not Actionable Under Title VII
Share This:
by

In Harris v. N.Y.C. Human Resources Administration et al, 20 Civ. 2011 (JPC), 2022 WL 3100663 (S.D.N.Y. Aug. 4, 2022), the court, inter alia, held that plaintiff sufficiently alleged age-based hostile work environment claims (in part) asserted under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York…

Read More Age-Based Hostile Work Environment Claims Survive, in Part, Against the N.Y.C. Human Resources Administration
Share This:
by

In Felder v. MGM National Harbor, LLC, No. 20-2373, 2022 WL 2871905 (4th Cir. July 21, 2022), the court, inter alia, vacated the lower court’s order dismissing, for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claim of color-based discrimination asserted under Title VII of the Civil Rights Act of…

Read More Fourth Circuit Vacates Dismissal of Title VII Color-Based Discrimination Claim
Share This: