Pleading

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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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Every war begins with a first shot. In the context of litigation, that first shot is the timely filing of a complaint in an appropriate court – i.e., one that has both “subject matter jurisdiction” over the dispute and “personal jurisdiction” over the defendant(s). The one doing the filing is the “plaintiff” (who is comPLAINing…

Read More Anatomy of a Lawsuit, Part 1: The Summons & Complaint
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In Stripling v. Ingram Barge Company, LLC, No. 3:21-cv-00654, 2022 WL 17475764 (M.D.Tenn. Dec. 6, 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. From the decision: A prima facie claim for discrimination arising out sexual…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged; Court Rejects Defense Argument Focusing on “Discrete” Acts
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In Lewkowicz v. Terence Cardinal Cook Health Center et al, No. 153100/20, 17046, 2021-04033, 2023 N.Y. Slip Op. 00061, 2023 WL 138824 (N.Y.A.D. 1 Dept. Jan. 10, 2023), the New York Appellate Division, First Department affirmed the lower court’s dismissal of plaintiff’s complaint, which alleged age discrimination under the New York State and City Human…

Read More Age Discrimination Claim Properly Dismissed, First Department Holds
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In Garcia v. Denver Health Medical Center, Civil Action No. 22-cv-01651-CNS-MEH, 2023 WL 22186 (D.Colo. January 3, 2023), the court, inter alia, found that plaintiff plausibly alleged her claim of “reverse” race discrimination, asserted under Title VII of the Civil Rights Act of 1964, be denied. From the decision: Plaintiff also claims that she suffered…

Read More “Reverse” Race Discrimination (Hostile Work Environment) Claim Sufficiently Alleged, Colorado District Court Holds
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In Small v. New York City Department of Education et al, 1:21-cv-1527-GHW, 2023 WL 112546 (S.D.N.Y. Jan. 5, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims that he was subject to unlawful discrimination, in that he was terminated because of his perceived sexual orientation, in violation of Title VII of the…

Read More Teacher Sufficiently Alleges Discriminatory Termination Based on Perceived Sexual Orientation
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In Small v. New York City Department of Education et al, 1:21-cv-1527-GHW, 2023 WL 112546 (S.D.N.Y. Jan. 5, 2023), the court, inter alia, held that plaintiff – a teacher – sufficiently alleged a sexual orientation-based hostile work environment claim under the New York City Human Rights Law (but not under Title VII of the Civil Rights Act…

Read More Student-on-Teacher Sexual Orientation Hostile Work Environment Claim Survives Dismissal Under NYC Law
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In Lugo v. Jfk Cartage, Inc., No. 704862/22, 2022 WL 17733500 (N.Y. Sup Ct, Queens County Nov. 23, 2022), the court denied defendant’s motion to dismiss plaintiff’s claims of employment discrimination asserted under the New York State Human Rights Law. From the decision: On a motion to dismiss for failure to state a cause of…

Read More Age Discrimination Complaint Passes Muster Under the NYS Human Rights Law
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