Pleading

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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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In Bray v. Rhythm Management Group, LLC, 2024 Wl 4278989 (D. Md. Sept. 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Defendants assert that Bray’s allegations do not describe conduct sufficiently “severe or pervasive” to alter the conditions of her employment and…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged
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In Rivera v. The CSI Companies Inc., Case No: 8:24-cv-01450-WFJ-NHA, 2024 WL 4264839 (M.D.Fla. Sept. 23, 2024), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that she received “unwarranted and unwelcome sexual advances”…

Read More Hostile Work Environment Sexual Harassment Claim, Based on Alleged Co-Worker’s Sexual Comments, Survives Dismissal
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In Robert L. Miller, Jr. v. Ascenda USA Incorporated, et al., No. CV-22-02172-PHX-JJT, 2024 WL 4241552 (D.Ariz. Sept. 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. After dismissing plaintiff’s claim asserted under Title VII of the Civil Rights Act of 1964…

Read More Section 1981 Race Discrimination Claim, Based on Shift Change Denial, Sufficiently Alleged
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In Davis v. Miami-Dade County, 2024 WL 4051215 (11th Cir. Sept. 5, 2024), the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a lower court’s dismissal of plaintiff’s race and age discrimination claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination Act (ADEA). From the decision:…

Read More Age, Race Discrimination Claims Sufficiently Alleged; “Not Meeting Employer’s Vision” Was Insufficient to Defeat Discrimination Claims
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In Sargent v. Amazon.com, Inc., Civil Action No. 23-1330-RGA, 2024 WL 3936490 (D.Del. Aug. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges he was subjected to a hostile work environment…

Read More Race-Based Hostile Work Environment Claim, Arising From Alleged Racist Graffiti, Survives Dismissal
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In Burgess v. The New School University et al, 23-cv-4944 (JGK), 2024 WL 4149240 (S.D.N.Y. Sept. 11, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s failure-to-accommodate-disability claim asserted under the Americans with Disabilities Act (ADA). From the decision: Burgess next alleges that the defendants violated the ADA by failing to accommodate Burgess’s…

Read More Professor’s ADA Failure-to-Accommodate-Disability Claim Survives Dismissal
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