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In Ayende v. The City of New York, No. 153423/2022, 2023 WL 5531761, 2023 N.Y. Slip Op. 32970(U) (N.Y. Sup Ct, New York County Aug. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims. From the decision: Plaintiff must state a prima facie cause of action for employment discrimination…

Read More Disability Discrimination Claims Sufficiently Alleged Against the City of New York
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In a recent case, Rudolph v. Abbott Laboratories, Inc., Civil Action No.: 3:18-cv-6071-PGS-TJB, 2023 WL 5638844 (D.N.J. August 31, 2023), the court denied defendant’s motion in limine seeking to prelude plaintiff from introducing evidence of other employees’ allegations of discrimination. This evidence, typically referred to as “me too” evidence, can be very useful in a discrimination…

Read More “Me Too” Evidence Permitted in Discrimination Case
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In Izuogu v. Aramark Food Services, No. 100625/2022, 2023 WL 5628205 (N.Y. Sup Ct, New York County Aug. 31, 2023), the court  granted defendant’s motion to dismiss plaintiff’s employment discrimination claims. The decision is instructive both as to the technical requirements for pleading a cause of action in a New York State Court complaint, as…

Read More Employment Discrimination Complaint Dismissed; Allegation That Plaintiff Was Forced to Perform Tasks Outside Job Description Held Insufficient
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In Famuyide v. Chipotle Mexican Grill, Inc. et al, 2023 WL 5651915, (D.Minn. August 31, 2023), the court, applying the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), denied the defendant’s motion to compel arbitration. That statute provides, in pertinent part: Notwithstanding any other provision of this title, at the…

Read More Court Denies Chipotle’s Motion to Compel Arbitration of Sexual Harassment Claim; Dispute Arose After “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”
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In Johnson v. Auto Handling Corporation et al, 2023 WL 5627071 (N.D. Ind. August 30, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s claim of a race-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. Among other things, plaintiff alleged that an employee addressed plaintiff…

Read More “Coolio” Hair Comment Insufficient to Make Out Race-Based Hostile Work Environment, Court Holds
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In Everett v. New York City Department of Education et al, 21 Civ. 7043 (JPC), 2023 WL 5629295 (S.D.N.Y. August 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law applicable to…

Read More Race Discrimination Claim Sufficiently Alleged Against NYC Department of Education, Court Holds
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In a recent case, Symotyuk-Knoll v. Healthequity, Inc., 1:21-CV-08348 (ALC), 2023 WL 5576405 (S.D.N.Y. August 29, 2023), 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 Human Rights Law.…

Read More Retaliation Claims Sufficiently Alleged; Termination Followed Pregnancy Leave Request
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In a recent case, Domingo v. Avis Budget Group, et al., No. 2021-02638, 709558/20, 2023 WL 5599153 (N.Y.A.D. 2 Dept., Aug. 30, 2023), the court modified a lower court decision to deny defendant’s motion to dismiss plaintiff’s causes of action for hostile work environment and aiding and abetting. In sum, plaintiff commenced an action alleging…

Read More Sexual Harassment Claim Sufficiently Alleged; Dismissal of Federal and State Claims Did Not Operate as “Collateral Estoppel”
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In Garcia v. The City of New York, No. 151552/22, 2023 WL 5531753 (N.Y. Sup Ct, New York County Aug. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discrimination claim asserted under the New York City Human Rights Law. From the decision: The conduct alleged in the Proposed Amended Complaint…

Read More “Coded” Racial Language Supports NYC Human Rights Law Discrimination Claim
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In Browne v Lyft, No. 2021-01314, 717499/19, 2023 N.Y. Slip Op. 04102, 2023 WL 4918610 (N.Y.A.D. 2 Dept., Aug. 02, 2023), the court reversed a lower court decision, and granted the defendant’s motion to dismiss plaintiff’s causes of action for vicarious liability under the doctrine of respondeat superior and fraud. Plaintiff alleged, in sum, that after utilizing…

Read More Sexual Misconduct Lawsuit, Under “Respondeat Superior” Theory, Dismissed Against Lyft
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