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In Loth v. City of New York, No. 160925/2021, 2023 WL 3456623 (N.Y. Sup Ct, New York County May 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: Finally, the complaint adequately alleges claims for unlawful…

Read More Retaliation Claims Sufficiently Alleged; Vandalism etc. Followed Witness Participation
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In Loth v. City of New York, No. 160925/2021, 2023 WL 3456623 (N.Y. Sup Ct, New York County May 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: At this early stage of the litigation,…

Read More Sex/Gender Discrimination Claims Sufficiently Alleged; Comments Included “Calendar Girl” Remark
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In Hoxhaj et al v. Michael Cetta, Inc. et al, 21-cv-6486 (LJL), 2023 WL 3455444 (S.D.N.Y. May 15, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiffs’ claims of religion-based discrimination under the New York City Human Rights Law. From the decision: A reasonable jury could conclude that Plaintiff Hoxhaj was…

Read More Religion-Based Discrimination Claim Against Michael Cetta Survives Summary Judgment; Court Cites Comments That Were Hostile to Islam and Muslim People
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In Kirstyn Crawford v. American Broadcasting Company, et al., No. 157874/21, 2022-02552, 258, 2023 N.Y. Slip Op. 02611, 2023 WL 3468449 (N.Y.A.D. 1 Dept., May 16, 2023), the court modified the lower court’s dismissal of plaintiff’s hostile work environment and sex discrimination claims. From the decision: The allegations supporting plaintiff’s hostile work environment and sex…

Read More Sex-Based Hostile Work Environment Claim Against ABC Resurrected From Dismissal
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In Weiss v. Premier Technologies, 2023 WL 3314691 (W.D.N.Y. May 9, 2023), the court held that plaintiff sufficiently alleged that AT&T was plaintiff’s “joint employer.” This decision provides helpful guidance regarding the application of this doctrine. From the decision: “The standard for whether an entity is a joint employer for Title VII and [NYHRL] purposes…

Read More Plaintiff Plausibly Alleges “Joint Employment” Doctrine Against AT&T
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In Montgomery v. St. John’s United Church of Christ, 2023 WL 2820472 (Ohio App. 5 Dist., 2023), the court upheld a lower court decision dismissing, pursuant to the “ministerial exception”, plaintiff’s sexual harassment hostile work environment claim. From the decision: The circuits are split on whether the ministerial exception categorically bars courts from considering a…

Read More Sexual Harassment Hostile Work Environment Claim Barred by “Ministerial Exception”
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In Jemmott v. Roosevelt Island Operating Corp. of the State of New York, No. 160867/2016, 2023 WL 3386763 (N.Y. Sup Ct, New York County May 11, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s claims of sexual harassment, retaliation, and constructive discharge. From the decision: The court finds defendant has fallen far…

Read More Sexual Harassment and Related Claims Survive Summary Judgment Against Roosevelt Island Operating Corp.
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In Toledo v. Brend Restoration, LLC et al, No. 21 Civ. 882 (GBD) (SN), 2023 WL 3381249 (S.D.N.Y. May 11, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. This result turns on the application of the “joint employer”…

Read More Title VII Sexual Harassment Claim Dismissed Against Entity Held Not to be “Joint Employer”
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The New York City Council recently enacted a legislation that prohibits discrimination on the basis of a person’s height or weight in employment, housing, and public accommodations. As summarized: This bill would prohibit discrimination on the basis of a person’s height or weight in employment, housing, and public accommodations. This bill would also create an…

Read More NYC Council Enacts Law to Prevent Discrimination Based on Height & Weight
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In Davenport v. Manual Woodworkers and Weavers, Inc., 2023 WL 3063384 (W.D.N.C. April 24, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. Among other things, plaintiff (who is African American) alleged that he was subjected to a racial epithet; specifically, that a co-worker called out to him,…

Read More Co-Worker’s Racial Epithet Not Imputable to Employer; Hostile Work Environment Claim Dismissed
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