Pleading

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In Rivera v. The Fortune Soc., Inc., No. 150022/2023, 2024 WL 1532756 (N.Y. Sup Ct, New York County April 9, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the New York State and City Human Rights Law. From the decision: To state a prima facie case of…

Read More Hispanic Native American Man’s Discrimination Claims Survive Dismissal
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In Farah v. Emirates and Emirates Severance Plan, 21-CV-05786-LTS, 2024 WL 1374762 (S.D.N.Y. March 31, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’ claim of discrimination based on national origin (American). From the decision: To plead a prima facie case of intentional discrimination under Title VII, Plaintiffs must plausibly allege: (1) they…

Read More National Origin (American) Discrimination Claims Survive Dismissal Against Emirates
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In Floyd v. New York Public Radio, 23-cv-1096 (ALC), 2024 WL 1407058 (S.D.N.Y. April 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of Pay Inequality under New York Labor Law § 194. The court summarized the black-letter law as follows: To establish an equal pay violation of the New York…

Read More Radio Host Jami Floyd’s Pay Discrimination Claim Under NY Labor Law 194 Survives Dismissal
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In Floyd v. New York Public Radio, 23-cv-1096 (ALC), 2024 WL 1407058 (S.D.N.Y. April 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race discrimination asserted under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. After summarizing the relevant…

Read More Radio Host Jami Floyd’s Race Discrimination Survives Motion to Dismiss
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In Scott v. YSB Services Inc., 21-CV-7711 (VSB), 2024 WL 1330043 (S.D.N.Y. March 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation 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. After…

Read More Retaliation Claims Sufficiently Stated; Termination Followed Sexual Harassment Complaint
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In Scott v. YSB Services Inc., 21-CV-7711 (VSB), 2024 WL 1330043 (S.D.N.Y. March 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…

Read More Hostile Work Environment Sexual Harassment Claims Sufficiently Alleged; Allegations Included Calling Plaintiff “Sexy” & Unwanted Physical Contact with Breast and Buttocks
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In Goldberg v. Bespoke Real Estate LLC, et al, 23-CV-5614 (JPO), 2024 WL 1256006 (S.D.N.Y. March 25, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. From the decision: The Goldberg Plaintiffs also assert a claim of unlawful retaliation under Section 1981 based on Goldberg’s opposition…

Read More Retaliation Claim Sufficiently Alleged; Communication of Discrimination Allegation Through Counsel Constituted “Protected Activity”
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In Goldberg v. Bespoke Real Estate LLC, et al, 23-CV-5614 (JPO), 2024 WL 1256006 (S.D.N.Y. March 25, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. From the decision: The Goldberg Plaintiffs next bring a claim of hostile work environment under 42…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal, Notwithstanding Plaintiff’s Alleged Use of Offensive Language
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In Jacobs v. Hudson Valley Family Physicians, PLLC, 1:22-CV-1184, 2024 WL 1200002 (N.D.N.Y. March 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: Plaintiffs allege that…

Read More Quid Pro Quo Sexual Harassment Claim Plausibly Alleged; Court Cites “Subtext” of “Suggestive” Text Messages & Photographs
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. (I wrote about the court’s…

Read More Actress Plausibly Alleges Race-Based Hostile Work Environment Claims Under NYS and NYC Human Rights Laws (But Not Title VII)
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