Pleading

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In Moore v. XWELL, Inc., No. 650891/2024, 2024 WL 5057101 (N.Y. Sup Ct, New York County Dec. 6, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of discrimination asserted under New York Labor Law § 201-d. Here, plaintiff alleges that, on June 13, 2023, her managers told plaintiff that she smelled…

Read More Employee Terminated For “Smelling Like Cannabis” Sufficiently Alleges Claim Under NY Labor Law § 201-d
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In Sabic-El-Rayess v. Teachers College, Columbia University, 24-CV-2891 (JMF), 2024 WL 4988408 (S.D.N.Y., 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of religious discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: By contrast, the Court concludes that Dr. Sabic-El-Rayess’s allegations are sufficient to state…

Read More Religious Discrimination Claims Against Columbia Survive Dismissal
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In Ancrum v. New York City Department of Environmental Protection, 2024 WL 5009145 (S.D.N.Y. Dec. 6, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: For Title VII purposes, a workplace is actionably hostile when it…

Read More Title VII Sexual Harassment Claim Dismissed; Comments, While “Despicable” and “Offensive”, Held Not Actionable
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In Adeniji v. The City of New York, No. 152761/2022, 2024 WL 4939661 (N.Y. Sup Ct, New York County Nov. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims under the New York State and City Human Rights Laws. From the decision: Plaintiff opposes this prong of…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal; Allegations Include a History of Maltreatment and Denied Opportunities
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In Philippe v. The City of New York, No. 151444/2023, 2024 WL 4850897 (N.Y. Sup Ct, New York County Nov. 15, 2024), the court dismissed plaintiff’s claims of employment discrimination asserted under the New York State and City Human Rights Laws. This decision provides instructive guidance as to how courts apply the general rule of…

Read More Employment Discrimination Case Dismissed, Absent Allegation Taht Plaintiff Was Treated Differently or Worse Than Colleagues of Other Races
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In Sfanos v. Cranberry Crossroads Dining Venture, LLC, 2:23-CV-1502, 2024 WL 4827171 (W.D.Pa. Nov. 19, 2024), the court, inter alia, held that plaintiff sufficiently alleged a sex-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Most of Ms. Sfanos’s sex-related allegations amount to inappropriate comments of…

Read More Sex-Based Hostile Work Environment Claim Survives Dismissal; Allegations Include Sexual Comments and a “Humping Gesture”
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In Nolan Graber v. Cayuga Home For Children, 5:24-CV-468, 2024 WL 4870326 (N.D.N.Y. Nov. 22, 2024), the court, inter alia, held that plaintiff sufficiently alleged constructive discharge in violation of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: A constructive discharge occurs when…

Read More Constructive Discharge Sufficiently Alleged; Allegations Included Erosion of Role Following Participation in Age Discrimination Investigation
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In U.S. Equal Employment Opportunity Commission v. Council for Advancement of Social Services and Education, 2024 WL 4479882 (W.D.La. Oct. 10, 2024), the court, inter alia, held that the plaintiff sufficiently alleged a claim of race-based employment discrimination under Title VII of the Civil Rights Act of 1964. From the decision: As stated above, the…

Read More Race-Based Discrimination Claim Sufficiently Alleged; Contentions Included Replacement by White Employee
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In Santay v. Ice House LLC, Civil Action No. 24-cv-11583-ADB, 2024 WL 4804967 (D.Mass. Nov. 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s national origin-based hostile work environment claim. After summarizing the black-letter law, and concluding that plaintiff sufficiently alleged a hostile work environment sexual harassment claim, the court applied the law to…

Read More National Origin-Based Hostile Work Environment Claim Sufficiently Alleged; Contentions Included Threats to “Call Immigration”
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In Santay v. Ice House LLC, Civil Action No. 24-cv-11583-ADB, 2024 WL 4804967 (D.Mass. Nov. 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: The elements of a claim for hostile work environment under Title VII or Chapter 151B are that (1) the…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Contentions Include Sexual Comments, Touching, and Showing Photos and Videos of Genitalia
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