Pleading

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In Moore v. Pegasus Steel, LLC, Case No. 2:22-cv-3096-RMG, 2024 WL 277779 (D.S.C. Jan. 25, 2024), the court, inter alia, adopted a Magistrate’s Report & Recommendation to deny defendant’s partial motion to dismiss plaintiff’s retaliation claim. From the decision: To establish a prima facie case of retaliation, a plaintiff must show “(1) engagement in a…

Read More Retaliation Claim Survives Dismissal; Court Cites Threat of Termination if Plaintiff Did Not Sign “Inaccurate” Disciplinary Forms
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In Olson v. Takeda Pharmaceuticals America, Inc. et al, Case No. 8:23-cv-590-TPB-CPT, 2024 WL 245978 (M.D.Fla. Jan. 23, 2024), the court (inter alia) denied defendant’s motion to dismiss plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. From the decision: It is true…

Read More Title VII Race Discrimination Claim Survives Dismissal; Discovery Required to Determine Viability of Plaintiff’s Proffered Comparator
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In Mitura v. Finco Services, Inc. et al, 23-CV-2879 (VEC), 2024 WL 232323 (S.D.N.Y. Jan. 22, 2024), the court, inter alia, held that plaintiff sufficiently alleged an “interference” claim under the New York City Human Rights Law. From the decision: The NYCHRL makes it unlawful “to coerce, intimidate, threaten or interfere with, … any person…

Read More NYC Human Rights Law “Interference” Claim Survives Dismissal
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In Rodriguez v. Excellus Bluecross Blueshield, Inc., 5:22-CV-1050 (GTS/CFH), 2024 WL 196747 (N.D.N.Y. Jan. 17, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race-based discrimination (termination) because of her race in violation of 42 U.S.C. § 1981 and the New York State Human Rights Law. This decision delves into the…

Read More Race Discrimination Sufficiently Alleged Under 42 U.S.C. § 1981, Court Holds
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In Leone v. Brown Forman Corp., No. 151627/2019, 2024 WL 198429(N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendant’s motion for summary judgment on their age-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: As it relates to plaintiffs hostile work…

Read More Age-Based Hostile Work Environment Claim Survives Summary Judgment
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In Anderson v. City of New York, 2024 WL 183103 (S.D.N.Y. Jan. 17, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claims. As to plaintiff’s claim under Title VII of the Civil Rights Act of 1964, the court explained: Plaintiff alleges after FDNY assigned her to the morning shift,…

Read More FDNY Paramedic’s Hostile Work Environment Claims Dismissed
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In Santiago et al v. The City of New York, No. 159551/2021, 2024 WL 144971 (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied the defendants’ motion to dismiss (some) plaintiffs’ claims of sex-based hostile work environment asserted under the New York State and City Human Rights Laws. In sum,…

Read More Female Plaintiffs’ Sex-Based Hostile Work Environment Claims, Arising From Sexual Harassment by Inmates, Survive Dismissal
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In Breiding v. High Hopes Films, LLC, No. 152385/2023, 2024 WL 144966 (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of sex discrimination and sexual harassment under the New York State and New York City Human Rights Law. From the decision: It is…

Read More Sexual Harassment, Sex Discrimination Claims Survive Dismissal Against High Hopes Films, LLC, Court Rules
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In De Piero v. Pennsylvania State University et al, CIVIL ACTION NO. 23-2281, 2024 WL 128209 (E.D.Pa. January 11, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964, 42…

Read More White Penn State Professor Sufficiently Alleges Race-Based Hostile Work Environment Claims
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In Nuñez-Renck v. International Business Machines Corporation (IBM), 2023 WL 8464950 (N.D.Tex. Dec. 6, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to what a complaint alleging a hostile work environment claim…

Read More Title VII Hostile Work Environment Claim Dismissed; Mere Reference to “Harassment” Insufficient
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