Constructive Discharge

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In Ashleigh, Theophania v. The Mount Sinai Hospital, 2026 WL 1133711 (S.D.N.Y. April 27, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claim asserted under 42 U.S.C. § 1981. From the decision: Constructive discharge of an employee occurs when an employer, rather than directly discharging an individual, intentionally creates an…

Read More Race-Based Constructive Discharge Claim Sufficiently Alleged
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In Schulman v. The Department of Education of the City of New York, No. 24 CIV. 8322 (AT), 2026 WL 573298 (S.D.N.Y. Mar. 2, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s employment discrimination claim. This decision provides an instructive overview of the “adverse employment action” element of this cause of action.…

Read More Employment Discrimination Claim Dismissed; Adverse Action, Constructive Discharge Insufficiently Alleged
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In Scheppelman v. County of Berrien, No. 1:24-CV-1104, 2025 WL 3119191 (W.D. Mich. Nov. 7, 2025), the court granted the defendant’s motion to dismiss plaintiff’s hostile work environment claim, due to the absence of vicarious liability. Initially, the court held that plaintiff sufficiently alleged a hostile work environment: Scheppelman argues that she was constructively discharged…

Read More Age-Based Hostile Work Environment Claims Dismissed; Vicarious Liability Not Sufficiently Alleged
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In Gathers v. K & K Family Ventures, LLC, Case No. 2:24-cv-4422-RMG, 2025 WL 892773 (D.S.C. March 24, 2025), the court declined to adopt a Magistrate’s Report & Recommendation, and held that plaintiff sufficiently alleged a constructive discharge claim, arising from alleged sexual harassment. From the decision: The Court declines to adopt the portion of…

Read More Constructive Discharge Claim, Based on Sexual Harassment, Sufficiently Alleged
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In Borden v. City of New York, 23-CV-8330 (RPK) (CLP), 2025 WL 754147 (E.D.N.Y. March 10, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s non-time barred allegations do not plausibly amount to…

Read More Sex-Based Hostile Work Environment Claims Dismissed; Alleged Sexual Innuendo, Grabbing Were Not “Severe” or “Pervasive”
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In Scribner v. State of New York Office of Court Administration, 6:24-cv-00252 (AMN/TWD), 2025 WL 487428 (N.D.N.Y. Feb. 13, 2025), the court, inter alia, granted defendant’s motion for judgment on the pleadings on plaintiff’s hostile cork environment/constructive discharge claim. From the decision: As to Plaintiff’s second claim, Defendants primarily argue that Plaintiff has failed to…

Read More Hostile Work Environment / Constructive Discharge Claim Dismissed
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In Schoenadel v. YouGov America Inc., 22-cv-10236 (AS), 2025 WL 371089 (S.D.N.Y. Feb. 3, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender-based discrimination claims 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 Citing “Mama Fratelli” Nickname, Court Denies Summary Judgment on Title VII Gender Discrimination/Constructive Discharge Claim
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In Lopez v Trahan, No. 155637/20, 2024-04221, 3523, 2025 N.Y. Slip Op. 00274, 2025 WL 208694 (N.Y.A.D. 1 Dept., Jan. 16, 2025), the Appellate Division, First Department, inter alia, unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s national origin discrimination claims under the New York State and City Human…

Read More National Origin Discrimination, Constructive Discharge Claims Survive Dismissal; Evidence Included Remarks About Plaintiff’s Accent
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In Sol Back v. Bank Hapoalim, B.M., Gil Karni, 2024 WL 4746263 (2d Cir. Nov. 12, 2024), the U.S. Court of Appeals for the Second Circuit vacated a lower court’s dismissal of plaintiff’s claim of sex-based discrimination under Title VII of the Civil Rights Act of 1964. The district court held that plaintiff did not…

Read More Applying New “Adverse Employment Action” Standard, 2d Circuit Vacates Dismissal of Title VII Sex-Discrimination Claims
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