Pleading

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In Byrd v. Becerra, Civil Action No. 22-3746 (TSC), 2024 WL 4591438 (D.D.C. Oct. 28, 2024), the court, inter alia, held that plaintiff sufficiently alleged employment discrimination under Title VII of the Civil Rights Act of 1964. As to the “inference of discrimination” element, the court explained: Plaintiff has also pleaded an inference of discrimination…

Read More Title VII Race Discrimination Claim Survives Dismissal; Allegations Included Reassignment of Work to White Colleagues
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In McNellis v. Douglas Cnty. School District, 116 F.4th 1122 (10th Cir. Sept. 10, 2024), the court, inter alia, reversed the lower court’s dismissal of plaintiff’s religious discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the Colorado Anti-Discrimination Act. In sum, plaintiff, an assistant principal, was terminated following an…

Read More 10th Circuit Reverses Dismissal of Title VII Religious Discrimination Claim Arising From Comments Concerning “The Laramie Project” School Play
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In Lanier v. Wise County et al, Civil Action No. 4:23-cv-01241-O, 2024 WL 4536468 (N.D.Tex. Oct. 21, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claim of same-sex sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Fifth Circuit has established a two-step process…

Read More Applying Fifth Circuit Law, Court Dismisses Title VII Same-Sex Sexual Harassment Claim
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In Jesenia Villalobos v. Merrill Lynch, No. CV-24-02139-PHX-JJT, 2024 WL 4566852 (D.Ariz. Oct. 24, 2024), the court dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act 1964. After summarizing the black-letter law, the court applied it to the facts: In this case, the conduct complained of by Plaintiff was…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Expressed Romantic Interest Was Not Sufficiently “Severe”
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In Simmons v. The City of New York, No. 157761/2023, 2024 WL 4467701 (N.Y. Sup Ct, New York County Oct. 08, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race and gender discrimination. From the decision: To sufficiently allege a prima facie case of employment discrimination under State HRL and…

Read More Race, Gender Discrimination Sufficiently Alleged Against City of New York
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In Frey v. Northern Soy, Inc. et al, Case # 23-CV-6198-FPG, 2024 WL 4373767 (W.D.N.Y. Oct. 2, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims. From the decision: Title VII, NYSHRL, and ADA Retaliation Claims Plaintiff alleges that her termination was retaliation for her complaints about sex and disability discrimination,…

Read More Retaliation Claims Sufficiently Alleged; Termination Closely Followed Complaints of Sex and Disability Discrimination
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In Wu v. Wunderkind Corp., No. 155165/2023, 2024 WL 4307855 (N.Y. Sup Ct, New York County Sep. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race & national origin discrimination asserted under the New York State and City Human Rights Laws. From the decision: That branch of defendant’s motion…

Read More Race & National Origin Discrimination Claims Sufficiently Alleged, Based on Alleged Negative Comments as to Plaintiff’s Accent
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In Parham v. The City of New York, No. 450008/2021, 2024 WL 4373349 (N.Y. Sup Ct, New York County Oct. 2, 2024), the court denied defendants’ motion to dismiss plaintiff’s claims of race discrimination under the New York State and City Human Rights Laws. This decision is instructive because it underscores that there is no…

Read More Race Discrimination Claims Sufficiently Alleged Under the New York State & City Human Rights Laws
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In Cruz v. Local 32BJ and Harvard Maintenance, Inc., 22 Civ. 3068 (PGG) (SDA), 2024 WL 4357036 (S.D.N.Y. Sept. 30, 2024), the court denied defendant’s motion to dismiss plaintiff’s claims of retaliation under Remove term: 42 USC § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Retaliation Claim, Based on 9-Day Gap Between Protected Activity and Adverse Action, Plausibly Alleged
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In Lee v. Riverbay Corporation, No. 22-CV-7504-LTS, 2024 WL 4312166 (S.D.N.Y. Sept. 27, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. As…

Read More Hostile Work Environment Claims, Based on Asian Jokes, Survive Dismissal
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