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In Andrade v. Cultural Care, Inc., Michael Esposito, and Danielle Esposito, 2023 WL 8622653 (E.D.N.Y. Dec. 13, 2023), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s claims of employment discrimination and hostile work environment asserted under the New York State and City Human Rights Laws. In sum, plaintiff, an au pair,…

Read More Au Pair’s Hostile Work Environment and Constructive Discharge Claims, Arising From Discovery of Hidden Camera, Survive Summary Judgment
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In Joy Stewart Acala v. Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., No. 2021-05330, 617543/19, 2023 WL 8608819 (N.Y.A.D. 2 Dept., Dec. 13, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s claims for employment discrimination asserted under the New York State and City Human Rights Laws. From the decision: “A plaintiff alleging…

Read More National Origin, Disability Discrimination Claims Properly Dismissed, Court Holds; Non-Time-Barred Claims Insufficient to Allege Claims Under NYS and NYC Human Rights Laws
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In Santana v. Yonkers City School District et al, No. 60352/2021, 2023 N.Y. Slip Op. 23386, 2023 WL 8590590 (Sup Ct, Dec. 07, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under the New York State Human Rights Law. From the decision: As to plaintiff’s…

Read More Yonkers Teacher’s Claims of Race Discrimination and Retaliation Survive Summary Judgment
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In a recent decision, Corey v. City of New York, No. 151459/2023, 2023 WL 8478872 (N.Y. Sup Ct, New York County Dec. 07, 2023), the court granted defendants’ motion to dismiss plaintiff’s claim of defamation against the New York City Mayor Eric Adams. This case arose from events following an incident in which a male…

Read More Court Dismisses Jessica Corey’s Defamation Claim Against NYC Mayor Adams
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In Koonce v. Whole Foods Market Group, Inc., 2023 WL 8355926 (S.D.N.Y. Dec. 1, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under the New York State Human Rights Law. From the decision: Here, plaintiff’s allegations satisfy the minimal burden necessary to state a race discrimination claim…

Read More Race Discrimination Claim Plausibly Alleged Against Whole Foods, Court Holds
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In Beltran v. Hard Rock Hotel Licensing, Inc., 2023 WL 8430581 (Cal.App. 4 Dist., 2023), the court reversed a decision granting the defendant summary judgment on plaintiff’s claim for sexual harassment under California law.[1]NOTE: I am not licensed to practice law in California. Accordingly, this blog post is not intended to be a summary of,…

Read More Sexual Harassment Claim, Based on Allegations of Leering Gestures, Groping, Etc., Survives Summary Judgment
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In Smyth v. City of New York, No. 157294/2017, 2023 WL 8478880 (N.Y. Sup Ct, New York County Dec. 07, 2023), the court, inter alia, denied defendant’s motion for summary judgment on his claim of discrimination based on his perceived sexual orientation in violation of the New York City Human Rights Law (NYCHRL). From the…

Read More Discrimination Claim, Based on Perceived Sexual Orientation, Survives Summary Judgment Against the City of New York
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In Krul v. Louis DeJoy, Postmaster General, United States Postal Service, 2023 WL 8449589 (N.D.N.Y. Dec. 6, 2023), the court, inter alia, granted defendant’s motion for summary judgment on her claim of sex-based hostile work environment. While the court determined that the plaintiff satisfied the subjective component of her claim, her claim faltered on its…

Read More Sex-Based Hostile Work Environment Claim Dismissed; “Mocking” of Voice Did Not Meet “Objectively Hostile” Standard
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In Byfield v. New York City Department of Education, 22 Civ. 5869 (KPF), 2023 WL 8435183 (S.D.N.Y. Dec. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the Americans with Disabilities Act and the Rehabilitation Act. From the decision: As an initial matter, Plaintiff plausibly alleges the…

Read More Retaliation Claims Sufficiently Alleged; Payroll Deductions Followed Remote Work Request
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In Stanley v. Mount Sinai Health System, Inc. et al, 2023 WL 8355393 (S.D.N.Y. Dec. 1, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s retaliation claims arising from her complaints about race-based comments allegedly made by plaintiff’s supervisor. (The court granted defendants’ motion for summary judgment as to her hostile…

Read More Retaliation Claims, Arising From “Heightened Scrutiny” Following Complaints of Race Discrimination, Survive Summary Judgment
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