Court: SDNY

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In Modny et al v. Foley Hoag LLP et al, 24-CV-5586 (JMF), 2025 WL 487308 (S.D.N.Y. Feb. 12, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s national origin discrimination claims. From the decision: [T]he Court rejects the Moving Defendants’ challenge to Modny’s national origin disparate treatment claim under Title VII, the NYCHRL,…

Read More National Origin, and Other, Discrimination Claims Survive Dismissal
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In Kulick v. Gordon Property Group, LLC et al, 23 Civ. 9928 (KPF), 2025 WL 448333 (S.D.N.Y. Feb. 7, 2025), the court, inter alia, held that plaintiff sufficiently alleged sex-based discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: The Court has analyzed Plaintiff’s NYSHRL and NYCHRL discrimination…

Read More Sex Discrimination Claims Survive Dismissal; Allegations Include Gender Stereotypical Nicknames and Insults of Weight and Appearance
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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 Puris v. TikTok Inc., 24cv944 (DLC), 2025 WL 343905 (S.D.N.Y. Jan. 30, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment (sexual harassment) claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights…

Read More Hostile Work Environment Sexual Harassment Claims Against TikTok Survive Dismissal
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In O’Rear v. Armando Diaz et al, 24 Civ. 1669, 2025 WL 283169 (S.D.N.Y., Jan. 23, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of sexual harassment asserted under the New York City Human Rights Law (NYCHRL). In this case, the plaintiff alleges that, after a holiday happy hour, defendant Diaz…

Read More Plaintiff Sufficiently Alleges Sexual Battery, Sexual Harassment Based on Alleged Company Holiday Party Rape
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In Ciotti v. City of New York et al, 23 Civ. 10279 (ER), 2025 WL 308022 (S.D.N.Y. January 27, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. After summarizing the black-letter…

Read More Sex- and Disability-Based Hostile work Environment Claims Sufficiently Alleged
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In Acosta v. Kennedy Children’s Center, 24 Civ. 3358, 2025 WL 70141 (S.D.N.Y. Jan. 10, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL). From…

Read More PTSD-Related Disability Discrimination Claims Sufficiently Alleged, Court Holds
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In Rios v. Max Mara USA Inc. et al, No. 23-CV-9839 (LAP), 2025 WL 66502 (S.D.N.Y. Jan. 10, 2025), the court, inter alia, granted defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Pretend Breast “Motorboating” Insufficiently “Severe”
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In Dixon v. City of New York, 23-cv-8941 (JGK), 2025 WL 50140 (S.D.N.Y. Jan. 7, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claims. This decision illustrates that generalized objectionable conduct – such as what might be considered “verbal harassment” – is alone insufficient to constitute an actionable…

Read More Disability-Based Hostile Work Environment Claims Dismissed; Allegation of Being Addressed in a “Loud, Aggressive and Belligerent Tone” Insufficient
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In Brooks v. Liberty Mutual Insurance Co., 2024 WL 5186527 (S.D.N.Y. Dec. 20, 2024), an employment discrimination/hostile work environment case, the court dismissed plaintiff’s third amended complaint (TAC). Interestingly, the court did not address the merits, but rather focused on the procedural requirements for such a complaint: Rule 8(a)(2) of the Federal Rules of Civil…

Read More 100+ Page Hostile Work Environment Complaint Dismissed as Being Neither “Short Nor Plain”
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