Pleading

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In Mwangi v. Passbase, Inc. et al, 21-cv-6728, 2022 WL 2133734 (S.D.N.Y. June 14, 2022), the court, inter alia, dismissed plaintiff’s discrimination claims under 42 U.S.C. § 1981. At all relevant times, plaintiff worked remotely from Berlin, Germany, and was not in the U.S. when the alleged discrimination took place. As to plaintiff’s § 1981…

Read More Germany-Based Plaintiff’s Discrimination Claims Dismissed on Geographic Grounds
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In Leroy v. Delta Air Lines, Inc., 2022 WL 2069281 (2d Cir. June 9, 2022), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107(7). This case arose from an incident in which a passenger allegedly called plaintiff flight attendant a…

Read More Retaliation Claim, Based on Alleged Racial Comment by Airline Passenger, Properly Dismissed
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In Onely v. Redner’s Markets, Inc., No. 21-4785, 2022 WL 1773606 (E.D.Pa. June 1, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: After disregarding legal conclusions, the…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal; Allegations Included Reference to “Offensive” Hair
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In Douglas v. Cruise Yacht Op. Co. Ltd. et al, 2022 WL 1719312 (S.D.Fla. May 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged a disparate treatment race discrimination claim. From the decision: According to the United States Supreme Court, “ ‘[d]isparate treatment’…is the most easily understood type of discrimination. The employer simply…

Read More Race Discrimination Claim Sufficiently Alleged; Discriminatory Motive Need Not Be Proven at the Pleading Stage
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In Grazette v. Manpower et al, 21-CV-4296 (LTS), 2022 WL 1556192 (S.D.N.Y. May 16, 2022), the court dismissed plaintiff’s employment discrimination claims as insufficiently alleged. From the decision: At the pleading stage in an employment discrimination action, “a plaintiff must plausibly allege that (1) the employer took adverse employment action against him, and (2) [a…

Read More Employment Discrimination Claims Insufficiently Alleged; Federally-Protected Class Unidentified
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In Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of retaliatory discharge in violation of New York’s general whistleblowing statute, NY Labor Law § 740.…

Read More Whistleblower (NY Labor Law § 740) Claim, Arising From Discharge Following Complaint of PPE Price-Gouging, Survives Dismissal
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In Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of gender discrimination and hostile work environment under the New York State and City Human Rights…

Read More Sex/Gender Harassment & Hostile Work Environment Claims Survive Against CareandWear II, Inc.
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In Hunley v. DTLR Villa, Inc., 22-CV-6010L, 2022 WL 1447737 (W.D.N.Y. May 9, 2022), the court granted defendant’s motion to dismiss plaintiff’s discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. This case teaches that a plaintiff may not prevail on such a claim by merely alleging that (a)…

Read More Title VII Sex/Race-Based Discrimination, Retaliation Claims Dismissed; Link Between Protected Class(es) and Adverse Action Was Lacking
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In Brager v. Quality Bldg. Services Corp., No. 155832/2021, 2022 WL 1599529 (N.Y. Sup. Ct. NY Cty. May 20, 2022), the court, inter alia, dismissed plaintiff’s age and national origin-based hostile work environment claim as insufficiently pled. As to plaintiff’s age discrimination claim, the court explained: Plaintiff’s allegations regarding the alleged hostile work environment related…

Read More Hostile Work Environment Claims Insufficiently Alleged; Being Jewish Was Not a “National Origin” Category
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In Makhsudova v. City of New York et al, 2022 WL 1571152 (S.D.N.Y. May 18, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims 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.…

Read More Hostile Work Environment Claims, Asserted by Muslim Uzbek Woman, Survive Dismissal
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