In Pesantez v. The City of New York, No. 154734/2022, 2023 WL 4401359 (N.Y. Sup Ct, New York County July 07, 2023), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment claim (in part). From the decision: Plaintiff has not sufficiently plead all of his hostile work environment claims under the…
Read More Disability-Based Hostile Work Environment Claim Survives DismissalIn Acque v. Xavier Becerra, Secretary of the U.S. Department of Health and Human Services, 2023 WL 4365307 (D.N.M. July 6, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: Plaintiff has failed to produce evidence from which a rational jury could infer that…
Read More Hostile Work Environment Claim Dismissed; Alleged Incidents Including “Micromanaging” Held InsufficientIn Holmes v. American Home Patient/Lincare, et al, No. 4:21-CV-01683, 2023 WL 4315545 (M.D.Pa. July 3, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. During her time employed at defendant, plaintiff was the only African American employed at the…
Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racial SlursIn Royston Jeffrey, et al. v. Stephanie Collins, No. 2021-01158, 2021-03170, 527241/19, 2023 WL 4340250 (N.Y.A.D. 2 Dept., July 05, 2023), the court reversed the lower court’s order granting defendant’s motion to dismiss plaintiff’s claim of unlawful discrimination in housing accommodations. The following are the facts, as summarized by the court: In December 2019, the…
Read More NYC Human Rights Law Housing Discrimination Claim Survives DismissalIn Julie Richmond v. Alan J. Sorensen, 22 CV 10075 (VB), 2023 WL 4239083 (S.D.N.Y. June 28, 2023), the court denied defendant’s motion to dismiss plaintiff’s sex discrimination claim asserted pursuant to 42 U.S.C. § 1983 and the Fourteenth Amendment. After summarizing the black-letter law – and noting that where, as here, the “color of…
Read More Sex Discrimination Claim Plausibly Alleged by Upstate OfficialIn Doyle v. Mid-Hudson Valley Federal Credit Union, 20 CV 2087 (NSR), 2023 WL 4297192 (S.D.N.Y. June 30, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s age discrimination claims asserted under the Age Discrimination in Employment Act and New York State Human Rights Law. From the decision: Plaintiff presents a litany of…
Read More Age Discrimination Claims Survive Summary Judgment; Evidence Included Age-Related Comments and Hiring of Younger ReplacementIn 303 Creative LLC, et al v. Aubrey Elenis, et al, 2023 WL 4277208 (U.S. June 30, 2023), the U.S. Supreme Court upheld (6-3) a challenge by a wedding website designer (Lorie Smith) to the (prospective) enforcement of Colorado’s public accommodation discrimination law, as doing so would violate the First Amendment’s Free Speech Clause. Justice…
Read More SCOTUS: First Amendment Prohibits Colorado From Forcing a Wedding Website Designer to Create Websites For Same-Sex CouplesIn Giramur v. Honorable Christine E. Wormuth, Secretary of the Army, 2023 WL 4216152 (W.D.Tex. May 24, 2023), the court, inter alia, granted defendant’s motion to dismiss her hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s allegations, held the court, were insufficiently specific: Plaintiff alleges…
Read More Sexual Harassment Claim Dismissed; Sexually Explicit Pictures, Alone, Were InsufficientIn Baptiste v. The City University of New York et al., 22-CV-2785 (JMF), 2023 WL 4266914 (S.D.N.Y. June 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based retaliation claim, asserted under 42 U.S.C. § 1981. Here, plaintiff’s retaliation claim arises out of her termination, which occurred one day after she engaged…
Read More Race-Based Retaliation Claim Survives Dismissal; Termination Occurred One Day After Protected ActivityIn Shi v. Batgatelle International, Inc., 220-cv-8473 (ER), 023 WL 4187557 (S.D.N.Y. June 26, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race and national origin discrimination claims. While defendant alleges that it terminated plaintiff due to her performance, plaintiff alleges that she was terminated because of her race, national…
Read More Race, National Origin Discrimination Claims Against Bagatelle Survive Summary Judgment