Court: EDNY

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In Rhino v. FedEx Ground Package Sys., Inc., No. 24-CV-3704 (RPK) (RML), 2025 WL 2773065 (E.D.N.Y. Sept. 29, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim under New York Labor Law § 201-d. In sum, plaintiff sought and was granted leave under the Family and Medical Leave Act (FMLA). As summarized…

Read More Instagram Scooter Video Leads to Termination; “Recreational Activities” Discrimination Claim Dismissed
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In Thompson v. Douglas A. Collins, Secretary of Veterans Affairs, 22-CV-4732 (EK)(SDE), 2025 WL 2962734 (E.D.N.Y. Oct. 2, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s gender-based discrimination (failure to promote, transfer) claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: On a failure-to-promote claim, “it…

Read More Title VII Sex Discrimination (Failure to Promote, Transfer) Claims Dismissed
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In Cain v. United Mortgage Corp. and Emmanuel Catechis, 21-cv-3325 (BMC), 2025 WL 2932758 (E.D.N.Y. Oct. 15, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the…

Read More Racially Hostile Work Environment, Based on “N—-r” Nickname, Survives Summary Judgment
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In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. From the decision: To state a claim for retaliation under Section 1981, a plaintiff must plead: “(i) she engaged in…

Read More Section 1981 Retaliation Claim Survives Dismissal
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In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. In sum, plaintiff, a Hispanic woman who worked as a JFK Airport barista, alleged (among other things) that her…

Read More Hispanic JFK Barista Sufficiently Alleges Race Discrimination Under 42 U.S.C. § 1981
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In Oji v. Douglas A. Collins, Secretary, Department of Veterans Affairs, 2025 WL 2624975 (E.D.N.Y. Sept. 11, 2025), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment. From the decision: Though it is undisputed that Plaintiff subjectively viewed his working environment as a hostile one, Plaintiff has cited…

Read More Race-Based Hostile Work Environment Claim Dismissed; Alleged Comments by Non-Supervisor Held Insufficient
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In Garcia v. Westhampton Primary Care, Maria Barlowe, Marie Alessi, and StaffCo of Brooklyn, LLC, 2025 WL 2614945 (E.D.N.Y. Sept. 10, 2025), the court, inter alia, held that plaintiff plausibly alleged a race-based hostile work environment claim ,as well as for a retaliatory hostile work environment, in violation of Title VII of the Civil rights…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal
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In Maresca v. Richmond University Medical Center, 22-CV-6636(EK)(MMH), 2025 WL 2482010 (E.D.N.Y. Aug. 28, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s religious-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Maresca alleges that “Mr. Musselwhite, head lawyer for HR” condescendingly told…

Read More Vaccine-Related Religion-Based Title VII Religious-Based Hostile Work Environment Claim Dismissed
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In Garcia v. Westhampton Primary Care, 2:23-cv-4319 (NJC) (ST), 2025 WL 2494357 (E.D.N.Y. Aug. 30, 2025), the court, inter alia, held that plaintiff plausibly alleged claims of hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court summarized, and applied, the law…

Read More Hostile Work Environment, Retaliatory Hostile Work Environment Claims Survive Dismissal
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In McCarthy v. Motorola Solutions Inc. & Joshua Thompson, No. 21-CV-4020 (RER) (MMH), 2025 WL 2482247 (E.D.N.Y., 2025), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claims of age discrimination under the New York City Human Rights Law. From the decision: First, Plaintiff has failed to connect Defendant Thompson’s conduct to…

Read More NYCHRL Age Discrimination Claim Dismissed; Alleged “Obnoxious and Overbearing” Was Not Discriminatory
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