In Carrasco v. Metropolitan Transit Authority, 2025 WL 1939052 (S.D.N.Y., July 15, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under the New York Labor Law. The court summarized, and applied, the law as follows: A plaintiff alleging retaliation under the NYLL must first show “(1) [plaintiff’s] participation…
Read More NY Labor Law Retaliation Claim Survives DismissalIn Tracey Ellis, Jamar Mattox, and Eric King v. Oak Lawn Hyundai, Inc., d/b/a Happy Hyundai and Delila Dedic, 2025 WL 1940375 (N.D.Ill. July 15, 2025), the court, inter alia, denied defendant’s motion to dismiss a plaintiff’s race-based hostile work environment claim. From the decision: In Count II, King brings a claim for hostile work…
Read More Race-Based Hostile Work Environment Sufficiently Alleged, Even Though Some Conduct Was Not Directed at PlaintiffIn Spann v. FedEx Freight, Inc., 2025 WL 1938355 (5th Cir. July 15, 2025), the U.S. Court of Appeals for the Fifth Circuit, inter alia, affirmed the lower court’s grant of summary judgment on plaintiff’s race- and gender-based hostile work environment claims. From the decision: A hostile work environment claim is composed of a series…
Read More Race, Gender Hostile Work Environment Claims Properly Dismissed: Fifth CircuitIn Kean v. Brinker International, Inc., 140 F.4th 759 (6th Cir. June 17, 2025), the U.S. Court of Appeals for the Sixth Circuit vacated the lower court’s award of summary judgment to the defendant on plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA). This decision is a good example of…
Read More ADEA Age Discrimination Claim Survives Summary Judgment; Fact Issues Existed as to Whether “Culture” Rationale Was Pretext for DiscriminationIn Ophir, Gol v. Koneska Health Inc., 2025 WL 1924081 (S.D.N.Y. July 14, 2025), the court denied plaintiff’s motion to amend his complaint alleging age discrimination. From the decision: In its decision dismissing the Complaint, the Court noted that while Plaintiff successfully identified a pay disparity between Koneksa’s two oldest employees and the rest of…
Read More Court Denies Plaintiff’s Motion to Amend Age Discrimination ComplaintIn Abraham v. New York City, No. 154577/2024, 2025 WL 1907928 (N.Y. Sup Ct, New York County July 10, 2025), the court, inter alia, held that the “joint employer” doctrine did not apply, and thus granted defendants’ motion to dismiss plaintiff’s employment discrimination claims against defendants New York City and the New York City Department…
Read More Joint Employment Doctrine Held Not to Apply to Municipal DefendantsIn McCarty v. City of Alexandria, 2025 WL 1899987 (E.D.Va. July 9, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: The essence of Plaintiff’s race-based hostile work environment claim is that she was generally treated less favorably than her white co-workers, could not access…
Read More Conduct, While “Professionally Frustrating”, Did Not Amount to Race-Based Hostile Work EnvironmentIn Pankonin v. Southeast Community College Area, 4:24-CV-3229, 2025 WL 1898086 (D.Neb. July 9, 2025), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. The court summarized the facts, and explained its application of the law to said…
Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Allegations Included Unwanted Touching and Explicit Sexual PropositioningIn Edwards, Robert v. JBS Souderton, Inc., CIVIL ACTION No. 23-1789, 2025 WL 1888204 (E.D.Pa. July 8, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim, based on the alleged use of a racial slur, in violation of 42 U.S.C. § 1981. From the decision: To state a…
Read More Race-Based Hostile Work Environment Claim, Based on Alleged Use of “Moyo” Slur, Survives Motion to DismissIn Emilio Garcia v. ROC Nation LLC et al, 1:24-cv-7587-GHW, 2025 WL 1865965 (S.D.N.Y. July 2, 2025), the court, inter alia, held that plaintiff – a cameraman working in rapper Megan Thee Stallion’s (a/k/a Megan Pete) entourage – sufficiently alleged sexual orientation-based discrimination/hostile work environment. The court summarized the facts, in pertinent part, as follows:…
Read More Megan Thee Stallion Cameraman Plausibly Alleges Sexual Orientation-Based Hostile Work Environment, Court Holds