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In Owens v. Centene Corporation, Centene Management Company, LLC, 2023 WL 5970954 (2d Cir. Sept. 14, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment asserted under the New York City Human Rights Law. From the decision: To succeed on a hostile work environment claim under the NYCHRL, Owens must demonstrate…

Read More 2nd Circuit Affirms Dismissal of Hostile Work Environment Claim Based on Marital/Partnership Status
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In Sokolovsky v. Silver Lake Specialized Care Center et al, 21-CV-01598 (MKB), 2023 WL 5977298 (E.D.N.Y. Sept. 14, 2023), the court, inter alia, held that plaintiff sufficiently alleged claims of hostile work environment (based on her national origin and religion) under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New…

Read More National Origin, Religion-Based Hostile Work Environment Claims Sufficiently Alleged, Court Holds
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In Blackmore v. Fossner Timepieces Clock Shop, Inc., No. 159279/2021, 2023 WL 5957075 (N.Y. Sup Ct, New York County Sep. 11, 2023), a hostile work environment/retaliation case, the court, inter alia, granted plaintiff’s motion to compel certain items of discovery. As to one such item, which frequently sought in discrimination cases, the court explained: Plaintiff…

Read More Court Orders Discovery of Prior Sexual Harassment Claims in Hostile Work Environment Case
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In Herrera v. The City of New York, No. 152586/2022, 2023 WL 5805938 (N.Y. Sup Ct, New York County Sep. 07, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claims asserted under the New York State and City Human Rights Laws. Among other things, this decision illustrates the difference between federal discrimination…

Read More Aspiring NYPD Officer’s Age Discrimination Claims Survive Dismissal Against the City of New York
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In Carmody v. New York University, et al, 21 Civ. 8186 (LGS), 2023 WL 5803432 (S.D.N.Y. Sept. 7, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sex-based discrimination claims. After determining that plaintiff presented a prima facie case of discrimination and that defendants articulated a legitimate reason for plaintiff’s termination…

Read More Doctor’s Sex Discrimination Claims Survive Summary Judgment Against NYU
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In Collymore v. City of New York et al, 16-CV-8270-LTS-OTW, 2023 WL 5834784 (S.D.N.Y. Sept. 8, 2023), the court granted defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. Under the operative statutes, plaintiff was required to show that the discriminatory harassment she experienced was “because of” a protected characteristic – here, sex. Applying…

Read More Sexual Harassment Claims Dismissed; Alleged Touching Was Not Sex-Based
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In a recent decision, Anderson v. KAR Global, 2023 WL 5493754 (8th Cir. Aug. 25, 2023), the U.S. Court of Appeals for the Eighth Circuit reversed a lower court’s dismissal of plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act. In evaluating plaintiff’s claim, the court applied the familiar McDonnell Douglas burden-shifting framework. Under this…

Read More Disability Discrimination (Termination) Claim Improperly Dismissed on Summary Judgment, 8th Circuit Holds
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In Samuels v. City of New York et al, 22-cv-1904 (JGK), 2023 WL 5717892 (S.D.N.Y. Sept. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1954, the New York State Human Rights Law, and the New York…

Read More Gender-Based Hostile Work Environment Claims Survive Dismissal; Allegations Include Physical and Verbal Harassment
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In Jordan v. Auto Handling Corporation, et al, 2023 WL 5802449 (N.D. Ind. Sept. 6, 2023), the court dismissed plaintiff’s claim of race-based discrimination asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that he experienced “racial incidents” during his employment, including a joke that plaintiff was a “drug…

Read More Title VII Race-Based Hostile Work Environment Claim Dismissed; “Drug Dealer”, “MLK” Comments Insufficient
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In a recent case, Banks v. General Motors, LLC, No. 21-2640, 2023 WL 5761361 (2d Cir. Sept. 7, 2023), the U.S. Court of Appeals for the Second Circuit vacated a lower court’s summary judgment dismissal of plaintiff’s race- and sex-based discrimination and hostile work environment claims. From the decision: In this case, plaintiff-appellant Billie R.…

Read More 2nd Circuit Revives Claims of Race and Sex Discrimination, Hostile Work Environment
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