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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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In Russell-Webster v. Gina Raimondo, Secretary of the United States Department of Commerce, Case No. CIV-22-1074-D, 2023 WL 8358562 (W.D.Okla. Dec. 1, 2023), the court, inter alia, held that plaintiff adequately stated a plausible retaliation claim under Title VII of the Civil Rights Act of 1964. The court explained: To state a prima facie case…

Read More Title VII Retaliation Claim, Based on Oral Discrimination Complaint, Sufficiently Alleged
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In Holcomb v. Optumhealth, Inc., 2023 WL 6466352 (S.D.N.Y. Oct. 4, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. This decision presents a unique fact pattern that is likely to recur as remote-only work becomes the norm…

Read More Title VII Race Discrimination Claim Dismissed; No Evidence That Plaintiff’s Manager Knew She Was African American
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In Sadowski v. Suppi Construction, Inc., C.A. No. N22C-11-149 SPL, 2023 WL 8282052 (Del.Super. Nov. 30, 2023), the court, inter alia, held that plaintiff sufficiently alleged gender discrimination under the Delaware Discrimination in Employment Act (which, the court noted, it was interpreting consistently with Title VII of the Civil Rights Act of 1964). From the…

Read More Sex/Gender Discrimination Sufficiently Alleged; Allegations Include Male Subordinates Ignoring Female Plaintiff’s Direction
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In Dalton, Tamika v. Sweet Honey Tea, Inc. and Darrell DeShazer, No. 23 CV 01793, 2023 WL 8281524 (N.D.Ill. Nov. 30, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and local (state) law. From the…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Unwanted Sexual Advances Leading to Constructive Discharge
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In Roper, Kamala v. The City of New York, Frantz Souffrant, Joseph Antonio, No. 528198/2022, 2023 N.Y. Slip Op. 51299(U), 2023 WL 8247927 (Sup Ct, Nov. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: To state a…

Read More NYPD Officer’s Retaliation Claims, Arising From Command Disciplines Etc. Following Complaint of Discrimination, Survive Dismissal
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In Roper, Kamala v. The City of New York, Frantz Souffrant, Joseph Antonio, No. 528198/2022, 2023 N.Y. Slip Op. 51299(U), 2023 WL 8247927 (Sup Ct, Nov. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claims asserted under the New York State and City Human Rights Laws. After…

Read More NYPD Officer’s Sex-Based Hostile Work Environment Claims Survive Dismissal Under the NYS and NYC Human Rights Laws
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In Rosenthal v. Roosevelt Island Operating Corporation et al, No. 1105, 154096/21, 2022-03686, 2023 N.Y. Slip Op. 06103, 2023 WL 8193191 (N.Y.A.D. 1 Dept., Nov. 28, 2023), the First Department affirmed the dismissal of plaintiff’s discrimination claims on the grounds of collateral estoppel From the decision: Plaintiff is collaterally estopped from asserting claims of discrimination…

Read More Employment Discrimination Claims Properly Dismissed on Ground of Collateral Estoppel, in Light of Article 78 Determination
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In Kennedy v. Intraspectrum Counseling, Ltd., No. 22-cv-05204, 2023 WL 6879485 (N.D.Ill. October 18, 2023), the court denied plaintiff’s motion to dismiss defendant’s counterclaims for breach of contract and conversion – which it alleged in response to plaintiff’s complaint alleging retaliation in violation of Title VII of the Civil Rights Act of 1964. In sum,…

Read More Employer’s Counterclaims Against Employee, in Title VII Sexual Harassment / Retaliation Suit, Survive Dismissal
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In Ashmore v. Ohio Department of Transportation, Case No. 3:20-cv-499, 2023 WL 6880380 (S.D.Ohio Oct. 18, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In finding that the alleged harassment was not “severe or pervasive,”…

Read More Title VII Sexual Harassment Claim Dismissed; Gender-Related Jokes, Occasional Teasing, and One Buttocks-Grabbing Incident Held Insufficient
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