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In Gray v. Minnesota Mining and Manufacturing Company, 3:23-CV-01069 (VDO), 2024 WL 1879745 (D.Conn. April 30, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: To establish a claim of hostile work environment, the workplace [must be] permeated with discriminatory intimidation, ridicule, and insult that is…

Read More Hostile Work Environment Claim Dismissed; Comments and Incidents Were “Isolated” and “Episodic”
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In Qin v. Vertex, Inc., 2024 WL 1920379 (3d Cir. May 2, 2024), the court affirmed the lower court’s grant of summary judgment dismissing plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Qin alleged that he suffered a hostile work environment. He points to…

Read More Hostile Work Environment Claim Properly Dismissed; Three Comments Over Nearly Two Decades Insufficient
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In Painadath v. Melissa Lattanzio, et al, No. 22-3604, 2024 WL 1836500 (E.D.Pa. April 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Construed liberally, Painadath pleads a hostile work environment sexual harassment claim. Painadath alleges that Mrs. Susan made a sexual advance…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Question of Severity or Pervasiveness Best Evaluated at Summary Judgment
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In Johnson v. School District of Philadelphia, 2024 WL 1773358 (E.D.Pa. April 24, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: For racist comments, slurs, and jokes to…

Read More Hostile Work Environment Claims Dismissed; Comments Invoking “Racial Stereotypes” Did Not Amount to a “Steady Barrage”
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In Gentile v. Touro Law Center, 21-CV-1345 (JS)(ARL), 2024 WL 1719608 (E.D.N.Y. April 22, 2024), the court, inter alia, denied defendant’s motion for reconsideration of its decision to deny defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). The court explained the procedural history (forming the…

Read More Age Discrimination Sufficiently Alleged; Motion for Reconsideration Denied
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In Mattioda v. Nelson, 2024 WL 1710665 (9th Cir. April 22, 2024), the U.S. Court of Appeals for the Ninth Circuit, inter alia, held that plaintiff (a NASA employee) plausibly alleged a disability-based hostile work environment claim in violation of the Retaliation Act of 1973, 29 U.S.C. § 791 et seq. In sum, plaintiff –…

Read More 9th Circuit Reverses Dismissal of NASA Scientist’s Disability-Based Hostile Work Environment Claim
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In Almodovar v. The City of New York, No. 150953/2023, 2024 WL 1806059 (N.Y. Sup Ct, New York County Apr. 25, 2024), the court dismissed plaintiff’s claims of religion-based discrimination arising from the employer’s Covid-19 vaccine mandate. From the decision: With respect to religious discrimination, Plaintiff’s bare bones complaint contains few factual allegations to support…

Read More Vaccine Mandate-Based Religious Discrimination Claims Dismissed
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In Rosen v. Zionist Org. of Am., 2024 NY Slip Op 01770 (App. Div. 1 Dept. March 28, 2024), the Appellate Division, First Department, inter alia, affirmed a lower court’s decision to dismiss plaintiff’s retaliation claim asserted under New Jersey law. From the decision: Plaintiff fails to allege that he worked in New Jersey, as…

Read More NY Appellate Division, First Department Affirms Dismissal of NJLAD Claim, Citing Lack of NJ Nexus
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In Russell v New York University, No. 37, 2024 N.Y. Slip Op. 02226, 2024 WL 1773218 (N.Y. Apr. 25, 2024), the New York Court of Appeals held that plaintiff’s claims for discrimination, hostile work environment, and retaliation were barred under the doctrine of collateral estoppel. From the decision: In the federal litigation, the district court…

Read More NYC Human Rights Law Claims Barred by Collateral Estoppel, in Light of Federal Court Findings
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In Reed v. Fortive Corporation et al, 2024 WL 1756110 (2d Cir. April 24, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s claim of quid pro quo sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Properly Dismissed; Alleged Invitation Did Not Constitute a “Sexual Advance”
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