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In M.H. v. Starbucks Coffee Company, 2023 WL 5211023 (S.D.N.Y. August 13, 2023), the court granted defendant’s motion to dismiss plaintiff’s claim of a sex-based hostile work environment asserted under the New York State Human Rights Law. Here, plaintiff, while 17 years old, was raped by her shift supervisor (Justin Mariani) at defendant Starbucks; Mariani…

Read More Court Dismisses NYS Human Rights Law Complaint Against Starbucks Arising From Rape of Teen Barista by Supervisor
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In Battle v. Wake Forest University Baptist Medical Center, 2023 WL 4868458 (M.D.N.C. July 31, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. Comprising plaintiff’s claim were several alleged racially derogatory comments, including that “all dark-skin blacks stink”, and comparing Michelle Obama to a “monkey.”…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In Caputo v. Iesi NY Corp., No. 150594/2018, 2023 WL 5167701 (N.Y. Sup Ct, New York County Aug. 11, 2023), the court held that summary judgment was inappropriate on plaintiff’s claims of discrimination and retaliation. From the decision: Here, issues of fact preclude summary judgment on all claims related to discrimination and retaliation. Plaintiff and…

Read More Summary Judgment on Disability Discrimination, Retaliation Claims Not Warranted in Light of Conflicting Interpretations of Evidence
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In Blumstein-Torrella v. New York City Department of Education et al, 19-cv-3492 (ALC), 2023 WL 5097873 (S.D.N.Y. August 9, 2023), the court, inter alia, dismissed plaintiff’s claims for religious discrimination 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 Religious Discrimination Claims Dismissed Against the NYC Department of Education
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In Brown v. Metropolitan Dental Associates et al, 2023 WL 5154415 (S.D.N.Y. August 10, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, the same evidence that raised factual issues with respect to…

Read More “He Said, She Said” Pregnancy Discrimination Claim Survives Summary Judgment
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In Brouillard v Sunrun, No. 2020-03610, 518516/19, 2023 N.Y. Slip Op. 04184, 2023 WL 5063992 (N.Y.A.D. 2 Dept., Aug. 09, 2023), the court affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claim of disability discrimination in violation of the New York City Human Rights Law. The court summarized the facts as follows:…

Read More Job Offer Rescission Following Positive Marijuana Test Stated Claim Under NYC, But Not NYS, Disability Discrimination Law
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In Culley v. West Bolivar Consolidated School District et al, 2023 WL 5007871 (N.D.Miss. August 4, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim. The court summarized and applied the law as follows: Sex discrimination and sexual harassment in public employment violate the Equal…

Read More Quid Pro Quo Sexual Harassment Claim Survives Summary Judgment; Termination Followed Rebuff of Alleged Sexual Advances
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In Hafizov v. BDO USA, LLP, 22-CV-8853 (JPC) (RWL), 2023 WL 4697312 (S.D.N.Y. July 24, 2023), the court denied plaintiff’s motion to amend their complaint to add a retaliation claim. In a somewhat unique fact pattern, plaintiff alleges retaliation in the form of a deficiency letter sent by defendants’ counsel: Plaintiff’s proposed additional amendment seeks…

Read More Attorney Deficiency Letter Did Not Constitute an “Adverse Employment” Action
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In Claud v. Brown Harris Stevens of Hamptons, LLC, No. 2:18-CV-01390-NRM-ST, 2023 WL 3858677 (E.D.N.Y. June 7, 2023), the court held that plaintiff established unlawful retaliation under 42 U.S.C. § 1981. From the decision: Here, BHSH’s articulated reason for firing Claud was not its actual reason. The termination’s temporal proximity to Claud’s reports of discrimination,…

Read More Real Estate Agent Established Claim of Retaliatory Termination Against Brown Harris Stevens of Hamptons
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In Gross v. Hatboro-Horsham School District, No. 23-0633, 2023 WL 4867423 (E.D.Pa. July 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act (ADA). From the decision: As noted, Defendant argues that Plaintiff has failed to plausibly allege that the discrimination…

Read More Teacher’s ADA Disability-Based Hostile Work Environment Claim Survives Dismissal
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