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In Trotter v. National Football League, 23-cv-8055 (JSR), 2024 WL 2952637 (S.D.N.Y. June 12, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of retaliation asserted under 42 USC § 1981. From the decision: The sufficiency of Trotter’s retaliation claim turns on whether he has adequately alleged that he engaged in some protected…

Read More Retaliation Claim Sufficiently Alleged Against NFL, Court Finds
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In Thompson v. The City of New York, No. 525109/2022, 2024 WL 2941866 (N.Y. Sup Ct, Kings County June 11, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discrimination claims asserted under the New York State and City Human Rights Laws. (The court also held that plaintiff sufficiently pleaded a hostile…

Read More Race-Based Discrimination Claims, Based on Alleged Disparate Discipline, Sufficiently Alleged Under the NYS and NYC Human Rights Laws
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In Thompson v. The City of New York, No. 525109/2022, 2024 WL 2941866 (N.Y. Sup Ct, Kings County June 11, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under the New York City Human Rights Law. While the court held that plaintiff did not sufficiently allege a hostile…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law
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In Williams v. Breaking Ground Housing Development Fund Corporation et al, 22-cv-8715 (AS), 2024 WL 2882122 (S.D.N.Y. June 6, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims 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 Retaliation Claims, Based on Termination Following Complaint of Sexual Harassment, Survive Dismissal
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In Williams v. Breaking Ground Housing Development Fund Corporation et al, 22-cv-8715 (AS), 2024 WL 2882122 (S.D.N.Y. June 6, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and…

Read More Hostile Work Environment Sexual Harassment Claims, Based on Alleged Use of “Terms of Endearment”, Survive Dismissal
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In Savage v. Township of Neptune, 313 A.3d 65, 257 N.J. 204 (N.J. May 7, 2024), the New Jersey Supreme Court held that under the New Jersey Law Against Discrimination (LAD), the non-disparagement provision at issue was unenforceable against public policy. From the decision: In this appeal, we consider whether a “non-disparagement provision” in a…

Read More NJ Supreme Court Holds “Non-Disparagement” Provision in Employment Discrimination Agreement Was Unenforceable as Against Public Policy
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In Sharikov v. Philips Medical Systems MR, Inc., Docket No. 23-407-cv, 2024 WL 2820927 (2d Cir. June 4, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s claim of disability discrimination asserted under the Americans With Disabilities Act (ADA). In sum, in this case the plaintiff alleges…

Read More 2d Circuit Affirms Dismissal of COVID-19 Related ADA “Regarded As” Disabled Claim
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In Percy v. Basil Townsend, No. 16-cv-5304, 2024 WL 2846688 (S.D.N.Y. May 30, 2024), the court, inter alia, denied plaintiff’s motion for prejudgment interest on plaintiff’s compensatory damages award ($125,000) following the jury’s verdict for plaintiff on her hostile work environment claim under the New York State Human Rights Law. From the decision: As an…

Read More Court Rejects Claim for Prejudgment Interest on Compensatory Damages Award on Hostile Work Environment Claim
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In Ramos v. Envoy Air Inc., Civil Action No. 3:23-CV-2276-X, 2024 WL 2754055 (N.D.Tex. May 29, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of religious discrimination under Title VII of the Civil Rights Act of 1964. From the decision: [Title VII] defines religion broadly to include all aspects of religious…

Read More Seventh Day Adventist Sufficiently Alleges Title VII Religious Discrimination Claim
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In Pine v. Cnty. of Ocean, 2024 WL 2785516 (D.N.J. May 30, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex discrimination claim asserted under the New Jersey Law Against Discrimination (LAD). Here, the central issue was whether the alleged harasser was plaintiff’s supervisor. From the decision: The County cannot be vicariously…

Read More Sex Discrimination Claim Sufficiently Alleged Under NJ Law Against Discrimination; Alleged Harasser Was Sufficiently Alleged to be Plaintiff’s “Supervisor”
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