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In Lorefice v. State of New York et al, 2022-2037-cv, 23 WL 7271838 (2d Cir. Nov. 3, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s decision granting defendants’ motion for judgment on the pleadings on plaintiff’s claim of gender discrimination under Title VII of the Civil Rights Act of…

Read More 2nd Circuit Rejects “Gender Stereotyping” Claim Asserted by Terminated Alleged Sexual Harasser
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In Anil v. The City of New York, No. 157736/2022, 2023 WL 7130790 (N.Y. Sup Ct, New York County Oct. 23, 2023), the court, inter alia, held that plaintiff sufficiently alleged age discrimination and retaliation under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the court explained: Plaintiff…

Read More Age Discrimination Claims, Based on Alleged Millennial Hiring Preference and Promotion of Less Experienced Younger Co-Workers, Survive Dismissal
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In Ashandra v. 1199 Seiu Nat. Ben. Fund, No. 1599612022, 2023 WL 6975971 (N.Y. Sup Ct, New York County Oct. 18, 2023), the court granted the defendant’s CPLR 3211(a)(7) motion to dismiss plaintiff’s failure-to-accommodate-religious-practices claim asserted under the New York State and City Human Rights Laws. In sum, plaintiff alleged that defendant violated the law…

Read More Court Dismisses Covid Vaccine Failure-to-Accommodate-Religion Claim Asserted Under the New York State and City Human Rights Laws
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In Bailey v. A Place For Rover et al, 2023 WL 7167580 (E.D.Pa. Oct. 31, 2023), the court considered whether the relatively recently enacted Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) operated to render the defendant’s arbitration agreement unenforceable. In sum, the EFAA renders unenforceable a “predispute arbitration agreement … with…

Read More Human Trafficking Allegations Did Not Constitute a “Sexual Harassment Dispute”, Deeming EFAA Inapplicable and Not Barring Enforcement of Arbitration Agreement
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In Williams v. Inspira Health Network, 2023 WL 7151222 (D.N.J. Oct. 31, 2023), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that “[s]ummary judgment on Plaintiff’s NJLAD and Title…

Read More Title VII Sexual Harassment Complaint Dismissed; Alleged Comments and Touching Hair Was Not “Severe” or “Pervasive”
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In Achee v. Incorporated Village of Valley Stream et al, No. 20-cv-5294, 2023 WL 7130717 (E.D.N.Y. Oct. 30, 2023), the court, inter alia, denied motion for summary judgment on plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights…

Read More Race, Religion-Based Hostile Work Environment Claims Survive Summary Judgment; Evidence Included Threat to “Hang” Plaintiff
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The old saying that “the devil is in the details” applies, with especial force, to hostile work environment sexual harassment claims. That said, as one court recently explained, the work environment need not be “hellish” in order to make out a claim. In Brinson v. Eagle Express Lines, Inc., No. 18-cv-3733, 2023 WL 6312400 (N.D.Ill.…

Read More Sexual Harassment Claim Survives Summary Judgment; “Hellishness” Not Required
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In Wilson et al v. City of Greenville, Mississippi et al, No. 4:22CV64-GHD-DAS, 2023 WL 7021295 (N.D.Miss. Oct. 25, 2023), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiffs’ claims of retaliatory hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Title VII Retaliatory Hostile Work Environment Claim Survives Dismissal; Alleged Harassment Occurred Shortly After EEOC Charge
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In Wilson et al v. City of Greenville, Mississippi et al, No. 4:22CV64-GHD-DAS, 2023 WL 7021295 (N.D.Miss. Oct. 25, 2023), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiffs’ claims of hostile work environment based on sex and sexual orientation asserted under Title VII of the Civil Rights Act…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Allegations Include Remarks About Sexual Orientation
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In Bethea v. First-Citizens Bank & Trust Company, 2023 WL 6284425 (D.S.C. Sept. 27, 2023), the court, inter alia, granted the defendant’s motion to dismiss plaintiff’s hostile work environment claim, asserted under Title VII of the Civil Rights Act of 1964, on the ground that it was not “administratively exhausted” at the U.S. Equal Employment…

Read More Title VII Hostile Work Environment Claim Dismissed as Not “Administratively Exhausted” at the EEOC
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