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In a recent case, Hou v. Voya Insurance and Annuity Company et al, 2021 WL 5918573 (E.D.Pa. Dec. 15, 2021), the court, inter alia, held that plaintiff failed to demonstrate that the alleged conduct was sufficiently “severe or pervasive” to overcome summary judgment on her claim of hostile work environment sexual harassment asserted under Title…

Read More Sexual Harassment Claims Dismissed; “Slight Physical Contact”, “Infatuation” Insufficiently “Severe or Pervasive”
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In Bradshaw v. City of New York, No. 1486 8, 2021-01234, 2021 N.Y. Slip Op. 07060, 2021 WL 5930827 (N.Y.A.D. 1 Dept., Dec. 16, 2021), the Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s employment discrimination claims on the ground of “res judicata”. From the decision: Plaintiff’s claims for gender discrimination, hostile work…

Read More Gender Discrimination, Hostile Work Environment, Retaliation Claims Held Properly Dismissed on “Res Judicata” Grounds
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In Brock v. Zuckerberg et al, No. 20-cv-7513, 2021 WL 2650070 (S.D.N.Y. 2021) (Liman, J.), the court dismissed plaintiff’s claims asserting that defendants Facebook, Inc. (as well as Mark Zuckerberg, Sheryl Sandberg, among others) violated his constitutional rights to free speech and due process by allegedly removing and blocking his Facebook posts. This decision is…

Read More Court Rejects First Amendment Claim Against Facebook et al
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In Sharp v. S&S Activewear, LLC, 2021 WL 5826310 (D.Nev. Dec. 8, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation. This case illustrates that a retaliation claim may succeed even where the underlying allegations constituting “protected activity” – here, a claim of sexual harassment based on, among other things, allegedly misogynistic…

Read More Retaliation Claim Sufficiently Alleged, Notwithstanding Dismissal of Underlying Sexual Harassment Claim
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In Sharp v. S&S Activewear, LLC, 2021 WL 5826310 (D.Nev. Dec. 8, 2021), the court, inter alia, dismissed plaintiff’s claim of a sexually hostile work environment asserted under Title VII of the Civil Rights Act of 1964. In sum, Plaintiffs allege that while they worked at Defendant’s warehouse, Defendant permitted managers and some employees to…

Read More Sexual Harassment Claim, Based on Alleged Misogynistic Warehouse Music, Insufficiently Alleged
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In Belton v. GEO Group, Inc., No. 21-30144, 2021 WL 5832953 (5th Cir. Dec. 8, 2021), the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of plaintiff’s claim of race discrimination claims under, inter alia, 42 U.S.C. 1981. Here, the plaintiff (a black man) claims that they were disciplined more harshly than…

Read More Fifth Circuit Affirms Dismissal of Race Discrimination Claim; Sexual Harassment Allegations Against Plaintiff & White Female Were Not Comparable
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In Lynn v. State of New York, New York State Insurance Fund, No. 2021-054-042, 2021 N.Y. Slip Op. 51151(U), 2021 WL 5830520 (N.Y.Ct.Cl., Nov. 23, 2021), the court denied the movant’s application to file a late claim against the State of New York. In sum, the movant alleges that, during a Skype call, the supervisor…

Read More Hostile Work Environment Claimant’s Application For Late Filing in Court of Claims Denied
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In Campbell v. New York City Department of Education et al, No. 14634, 2020-02035, 32672/18E, 2021 N.Y. Slip Op. 06918, 2021 WL 5828645 (N.Y.A.D. 1 Dept., Dec. 09, 2021), the court, inter alia, held that plaintiff sufficiently a claim of race-based hostile work environment under the New York City Human Rights Law (NYCHRL). This decision…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Against NYC Dept. of Education Under City Law
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In Doe v. Bloomberg L.P., 2021 NY Slip Op 06754 (N.Y. App. Div. 1st Dept. Dec. 2 2021), the Appellate Division, First Department, held that the plaintiff may pursue her claims against Bloomberg L.P. – including for employment discrimination and sexual harassment – pseudonymously. From the decision: The presumption in favor of open trials and…

Read More Sexual Harassment Plaintiff May Continue to Proceed Under a Pseudonym in Case Against Bloomberg L.P.
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In Cruz v. City of New York et al, No. 21-cv-1999, 2021 WL 5605139 (S.D.N.Y. Nov. 30, 2021), the court, inter alia, held that plaintiff stated claims for disability discrimination in the form of a failure to accommodate under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the…

Read More Disability Discrimination (Failure to Accommodate) Claim Sufficiently Alleged Against NY Health & Hospitals Corp.
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