Court: SDNY

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In Small v. New York City Department of Education et al, 1:21-cv-1527-GHW, 2023 WL 112546 (S.D.N.Y. Jan. 5, 2023), the court, inter alia, held that plaintiff – a teacher – sufficiently alleged a sexual orientation-based hostile work environment claim under the New York City Human Rights Law (but not under Title VII of the Civil Rights Act…

Read More Student-on-Teacher Sexual Orientation Hostile Work Environment Claim Survives Dismissal Under NYC Law
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In Tatas v. Ali Baba’s Terrace, Inc. et al, 2022 WL 18027620, (S.D.N.Y. Dec. 30, 2022), the court, inter alia, denied defendants’ motion for reconsideration of the court’s prior order that there existed a genuine issue of material fact on plaintiff’s race and national origin discrimination claims. In sum, in this case the plaintiff (who…

Read More National Origin Discrimination Claim Proceeds; National Origin of Alleged Discriminator Was Not a “Material” Issue
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In Jackson v. Beacon City School District, No. 19-CV-08164 (PMH), 2022 WL 17904563 (S.D.N.Y. Dec. 23, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: With respect to Plaintiff’s hostile work environment claim, Plaintiff has failed…

Read More Delayed Paycheck Insufficient to Make Out Hostile Work Environment Claim, Court Holds
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In Garrison v. American Sugar Refining, Inc. et al, 21 CV 10917 (VB), 2022 WL 17850891 (S.D.N.Y. Dec. 22, 2022), the court held that plaintiff sufficiently alleged a race-based hostile work environment claim against defendants under the New York State Human Rights Law, but not under federal law (Title VII of the Civil Rights Act…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Under State, But Not Federal, Law
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In Reynolds v. The City of New York, 22-CV-1910 (VEC), 2022 WL 17792394 (S.D.N.Y. Dec. 19, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s First Amendment retaliation claim. From the decision: The sole cause of action in Plaintiff’s Amended Complaint alleges that the City violated 42 U.S.C. § 1983 by retaliating against…

Read More First Amendment Retaliation Claim Dismissed; Complaints About Alleged Improper Workplace Conduct Did Not Amount to Speaking as a Citizen on a Matter of Public Concern
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In Qorrolli v. Metropolitan Dental Associates, D.D.S. – 225 Broadway, P.C. et al, 18-cv-6836 (DLC), 2022 WL 17689836 (S.D.N.Y. Dec. 15, 2022), the court granted the defendant’s motion for a new trial, primarily on the ground that the jury’s verdict was primarily based on hearsay (which, as one legal scholar has noted, is a “kind”…

Read More Citing Introduction of Hearsay, Court Orders New Trial in Sexual Harassment Case
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In D’Anzieri v. Harrison Global LLC et al, 21-CV-8506 (VEC), 2022 WL 17404254 (S.D.N.Y. Dec. 2, 2022), the court denied defendants’ motion to dismiss plaintiff’s discrimination and retaliation claims, asserted under the New York State and City Human Rights Laws, on the basis of those statutes’ geographic reach. From the decision: The NYCHRL and NYSHRL…

Read More Sex, Age Discrimination Claims Survive Dismissal; Alleged Conduct Was Sufficiently Tied to New York
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In Estevez et al v. Berkeley College et al, 2022 WL 17177971 (S.D.N.Y. Nov. 23, 2022), the court denied defendant’s motion for Rule 11 sanctions, but chastised plaintiff’s counsel for what it perceived as an attempt to mislead the court. Federal Rule of Civil Procedure 11 provides, in part, that an attorney presenting a pleading,…

Read More Court Admonishes Lawyer for Perceived Misrepresentations in Connection With Retaliation Claim
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In Edelman v. NYU Langone Health System, 21 Civ. 502 (LGS), 2022 WL 4537972 (S.D.N.Y. Sept. 28, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of sex-based discrimination asserted under the New York City Human Rights Law. From the decision: Summary judgment is denied on one branch of Plaintiff’s…

Read More City Law Sex Discrimination Claim, Based on Alleged Sexist Remarks Including Being Told to “Smile More”, Survives Summary Judgment
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