Blog

by

In Zeng v. Ellenoff Grossman & Schole LLP, 23-CV-10348 (JGLC), 2024 WL 4250387 (S.D.N.Y. Sept. 19, 2024), the court, inter alia, upheld a Report & Recommendation (R&R) recommending that defendant’s motion to compel arbitration of plaintiff’s retaliation claim be denied. In sum, plaintiff Ming Zeng alleges that she was sexually harassed by a coworker while employed…

Read More Retaliation Claim, Arising From Sexual Harassment Complaint, Not Subject to Arbitration
Share This:
by

In Cordaro v. Lloyd J. Austin III, 6:22-CV-06027 EAW, 2024 WL 4248965 (W.D.N.Y. Sept. 20, 2024), the court denied plaintiff’s motion for reconsideration of the court’s dismissal of plaintiff’s disability discrimination claims, on the ground that plaintiff failed to exhaust his administrative remedies. From the decision: Plaintiff argues that because more men than women have…

Read More Gender Discrimination Claim Was Not “Administratively Exhausted”
Share This:
by

In Maria Isabel Alvarado Navarro et al v. Building Service, Inc. et al, 23-CV-7343 (ARR) (MMH), 2024 WL 4225747 (E.D.N.Y. Sept. 18, 2024), the court, inter alia, dismissed plaintiff’s discrimination and hostile work environment claims. After concluding that it was unable to draw an inference of discrimination – as to plaintiff’s claims that defendant Lupe…

Read More Hostile Work Environment Claim, Based on National Origin & Immigration Status, Dismissed
Share This:
by

In Riley v. Borough of Eddystone et al, No. 24-1835, 2024 WL 4137310 (E.D.Pa. Sept. 10, 2024), the court, inter alia, granted defendants’ 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: For a hostile-work-environment claim under Title VII, a plaintiff…

Read More Title VII Race-Based Hostile Work Environment Claim Dismissed; Alleged “N” Word Comments Insufficient
Share This:
by

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
Share This:
by

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- and sex-based discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges Defendants discriminated against him based on race and…

Read More Race and Sex Discrimination Claims Sufficiently Alleged Against Amazon; Assignment to Custodial Duties Was an “Adverse Employment Action”
Share This:
by

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
Share This:
by

In a recent decision, Fay v. City of Newburgh et al, No. 21 Civ. 3140 (NSR), 2024 WL 4169552 (S.D.N.Y. Sept. 12, 2024), the court discussed and applied the “Faragher/Ellerth” affirmative defense, resulting in the granting of defendants’ motion for summary judgment on plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights…

Read More Applying “Faragher/Ellerth” Affirmative Defense, Court Dismisses Hostile Work Environment Sexual Harassment Claims
Share This:
by

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
Share This:
by

In Golubovych v. Saks 5th Avenue, Inc., 1:22-cv-9923-MKV, 2024 WL 4135251 (S.D.N.Y. Sept. 10, 2024), the court, inter alia, dismissed plaintiff’s claim asserted under Title VII of the Civil Rights Act of 1964, on the ground that plaintiff failed to exhaust administrative remedies at the U.S. Equal Employment Opportunity Commission. From the decision: Saks next argues…

Read More Title VII Claim Dismissed Due to Failure to Exhaust Administrative Remedies
Share This: