Court: SDNY

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In Bernardi v. New York State Department of Corrections and Community Supervision, 2023 WL 3230558 (S.D.N.Y. May 3, 2023), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race- and national-origin based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: At his…

Read More Race/National Origin-Based Hostile Work Environment Claim Dismissed; “Go Back to Italy” Allegation Insufficient
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In Richards v. The Department of Education of the City of New York, 21-cv-338 (LJL), 2023 WL 2876585 (S.D.N.Y. April 10, 2023), the court denied defendants’ motion to dismiss plaintiff’s discrimination claim asserted under the New York City Human Rights Law. This case illustrates the differences between federal anti-discrimination laws, on the one hand, and the broader,…

Read More Race/Religion Discrimination Claim Sufficiently Alleged Against NYC Dept. of Education, Court Holds
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In Girardi v. Ferrari Express, Inc. et al, 220-CV-4298 (VSB), 2023 WL 2744027 (S.D.N.Y. March 31, 2023), the court held that plaintiff sufficiently alleged claims of sexual harassment, and thus denied defendant’s motion to dismiss. As to plaintiff’s claim against individual defendant Fabio Ravera, defendant Ferrari Express’s general manager and chief financial officer, the court…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged
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In Sanderson v. Leg Apparel LLC et al, No. 1:19-cv-8423-GHW,  (S.D.N.Y. March 31, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of retaliation 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. Specifically,…

Read More Retaliation Claims, Arising From Termination Following Complaints About Sexual Orientation Discrimination, Survive Summary Judgment
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In Sanderson v. Leg Apparel LLC et al, No. 1:19-cv-8423-GHW, 2023 WL 2753200 (S.D.N.Y. March 31, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based discrimination claim asserted under the New York City Human Rights Law. This decision highlights the difference between the comparatively broad New York City Human Rights…

Read More NYCHRL Race Discrimination Claim Survives Summary Judgment Against Leg Apparel
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In a recent case, Ilana Gamza-Machado De Souza v. Planned Parenthood Federation of America, Inc., et al, 21 Civ. 5553 (LGS), 2023 WL 2691458 (S.D.N.Y. March 29, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s (a Jewish woman) claims of race- and religion-based discriminatory termination, in violation of Title VII…

Read More Jewish Employee’s Race/Religion-Based Discriminatory Termination Claim Survives Summary Judgment
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In Yost v. Everyrealm, Inc. et al, No. 22 Civ. 6549 (PAE), 2023 WL 2224450 (S.D.N.Y. Feb. 24, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sexual harassment claim asserted under the (extremely lenient) New York City Human Rights Law. After summarizing the “black letter” law pertaining to this claim, the court…

Read More Sexual Harassment Claims Dismissed Notwithstanding Alleged “Sexual Gossip”
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In Brandenburg, Elizabeth et al v. Greek Orthodox Archdiocese of North America et al, 2023 WL 2185827 (S.D.N.Y. Feb. 23, 2023), the court addressed the following question, which has divided various courts: “whether, and under what circumstances, a clergy member can bring a claim for hostile work environment discrimination or retaliation against a religious employer.”…

Read More Nuns’ Hostile Work Environment Sexual Harassment Claims Survive Summary Judgment Against Greek Orthodox Archdiocese of North America; “Ministerial Exception” Did Not Bar Claims
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In Flaherty v. Lindsey S. Dixon et al, 2023 WL 2051861 (S.D.N.Y. Feb. 16, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: The PSAC [Proposed Second Amended Complaint]’s allegations to support an inference of race discrimination are almost exclusively that Plaintiff is white and…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Negative Interactions” With Coworkers of Different Race Insufficient
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In Romano v. A360 Media, LLC, No. 1:20-cv-08988-LTS-OTW, 2023 WL 348459 (S.D.N.Y. Jan. 20, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Sex-Based Hostile Work Environment Claims Dismissed, Notwithstanding Alleged “Unwanted Personal Questions”
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