In Makhsudova v. City of New York et al, 2022 WL 1571152 (S.D.N.Y. May 18, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment 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 Hostile Work Environment Claims, Asserted by Muslim Uzbek Woman, Survive DismissalIn Wallace v. Crab House, Inc. et al, 21-cv-5757 (LJL), 2022 WL 1501089 (S.D.N.Y. May 12, 2022), the court dismissed plaintiff’s claims of race discrimination and hostile work environment asserted under federal, state, and local law. In sum, plaintiff (who is African American) alleges that he and two employees of Hispanic descent were treated differently…
Read More Federal (42 U.S.C. § 1981) Race-Based Hostile Work Environment Claim Dismissed; Accusations of Tip Theft Etc. InsufficientIn Mercado v. Mount Pleasant Cottage Union Free School District et al, No. 19-CV-9022 (NSR), 2022 WL 1239689 (S.D.N.Y. April 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964 (specifically, the “participation” prong of Title VII’s anti-retaliation clause). The court explained: Defendant…
Read More Title VII Retaliation Claim, Based on Agreement to Serve as a Witness, Sufficiently AllegedIn Moore v. Louis Dejoy, 18-CV-9967, 2022 WL 1239688 (S.D.N.Y. April 27, 2022), the court dismissed plaintiff’s age-based hostile work environment claim, since plaintiff did not “administratively exhaust” that claim at the U.S. Equal Employment Opportunity Commission. From the decision: Because she did not file a formal complaint regarding alleged improper comments or a hostile…
Read More Hostile Work Environment Claim Not Administratively Exhausted; DismissedIn Shiber v. Centerview Partners LLC, 21 Civ. 3649, 2022 WL 1173433 (S.D.N.Y. April 20, 2022), the court dismissed plaintiff’s disability discrimination claims asserted under the New York State and New York City Human Rights Laws. This decision is instructive as to how courts apply those statutes’ geographic (“impact”) test in the increasingly-prevalent factual context…
Read More NYCHRL Disability Discrimination Claim Dismissed; Geographic “Impact” Requirement Not SatisfiedIn Shargani v. New York City Department of Environmental Protection et al, 21 Civ. 337, 2022 WL 1046764 (S.D.N.Y. April 7, 2022), the court, inter alia, granted plaintiff’s motion to amend his complaint (and denied defendants’ motion to dismiss plaintiff’s amended complaint) with respect to his claims of hostile work environment because of his national…
Read More National Origin (Iranian)-Based Hostile Work Environment Claims Sufficiently AllegedIn Friederick v. Passfeed, Inc., Attila Sary et al, 21-cv-2066, 2022 WL 992798 (S.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiff sufficiently alleged “hostile work environment” sexual harassment claims 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 Hostile Work Environment Sexual Harassment Claims Sufficiently Alleged; Contentions Included Inappropriate Sexual CommentsIn Friederick v. Passfeed, Inc., Attila Sary et al, 21-cv-2066, 2022 WL 992798 (S.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiff sufficiently alleged quid pro quo sexual harassment 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. In…
Read More Sexual Harassment Claims Sufficiently Alleged, Based on Rejection of Supervisor’s Alleged Sexual AdvancesIn Fitzgerald v. The We Company d/b/a WeWork et al, 20 Civ. 5260, 2022 WL 952963 (S.D.N.Y. March 30, 2022), the court, inter alia, granted defendants’ motion for summary judgment dismissing plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Fitzgerald describes…
Read More Sexual Harassment (Hostile Work Environment) Claim Dismissed; “Vulgar and Inappropriate” Conduct Did Not Meet Title VII StandardIn Tillman v. NYC Human Resources Administration, 2022 WL 874947 (S.D.N.Y. March 24, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. After assuming (without explicitly deciding) that hostile work environment claims are cognizable under the…
Read More Title VII, ADA Hostile Work Environment Claims Dismissed; “Scattered” Allegations of Events Over Four Years Insufficient