Court: SDNY

by

In Singh v. Meetup LLC et al, 23-CV-9502 (JPO), 2024 WL 3904799 (S.D.N.Y. August 22, 2024), the court granted defendant’s motion to compel arbitration, holding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not apply, since plaintiff’s allegations – while arguably constituting discrimination based on sex, did not…

Read More Sex Discrimination Allegations Did Not Plausibly Allege “Sexual Harassment”, Ending Forced Arbitration Act Not Triggered
Share This:
by

In Palmer v. ECapital Corp. et al, 23 Civ. 4080 (DEH). 2024 WL 3794715 (S.D.N.Y. Aug. 13, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims. In sum, plaintiff alleged that she was disparately treated as compared to her male predecessor, a male colleague who eventually replaced her, and male…

Read More Sex Discrimination Claims Asserted by Replaced Female CEO Survive Dismissal
Share This:
by

In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, and the New York State and City Human…

Read More Retaliation Claims, Predicated on Sexual Harassment Complaint, Survive Dismissal
Share This:
by

In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s various discrimination claims asserted under federal law (namely, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities…

Read More Hostile Work Environment Claims Based on Race, Gender, Sexual Orientation, and Disability Survive Dismissal
Share This:
by

In Mercer v. ViacomCBS/Paramount, 22 Civ. 6322 (LGS), 2024 WL 3553133 (S.D.N.Y. July 26, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of retaliation under the Americans with Disabilities Act or Title VII of the Civil Rights Act of 1964, on the ground that she failed to exhaust her administrative remedies…

Read More ADA Retaliation Claim Dismissed as Not Exhausted at the EEOC
Share This:
by

In Graham et al v. Cha Cha Matcha, Inc. et al, 23 Civ. 9911 (PAE), 2024 WL 3540324 (S.D.N.Y. July 25, 2024), the court, inter alia, held that plaintiffs sufficiently alleged a race-based hostile work environment claim under under 42 U.S.C. § 1981. The court summarized the black-letter law as follows: Section 1981 provides that…

Read More Race-Based Hostile Work Environment Sufficiently Alleged; Allegations Include Repeated Virulent Racial Slurs by Supervisor Over Several Months
Share This:
by

In Moy v. Napoli Shkolnik, PLLC et al, 23 Civ. 3788 (DEH), 2024 WL 3498131 (S.D.N.Y. July 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s – a Chinese American woman – claims of retaliation under 42 U.S.C. § 1981 and the New York State and City Human Rights Laws. As to plaintiff’s section…

Read More Retaliation Claims Sufficiently Alleged; Demotion & Termination Followed Complaints of Exclusion of Employees of Color
Share This:
by

In Moy v. Napoli Shkolnik, PLLC et al, 23 Civ. 3788 (DEH), 2024 WL 3498131 (S.D.N.Y. July 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s – a Chinese American woman – claims of hostile work environment under the New York State and City Human Rights Laws (but not under 42 U.S.C.…

Read More Hostile Work Environment Claims Sufficiently Alleged Under NYS and NYC Human Rights Laws, But Not Section 1981
Share This:
by

In Moy v. Napoli Shkolnik, PLLC et al, 2024 WL 3498131 (S.D.N.Y. July 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s – a Chinese American woman – claim of employment discrimination asserted under 42 U.S.C. § 1981 (as well as under the New York State and City Human Rights Laws). After…

Read More Chinese American Attorney Sufficiently Alleges Race, Gender Discrimination, Court Holds
Share This:
by

In Veras v. New York City Department of Education et al, No. 1:22-cv-00056 (JLR) (SN), 2024 WL 3446498 (S.D.N.Y. July 17, 2024), the court, inter alia, dismissed plaintiff’s complaint alleging hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s fourth cause of action alleges sexual…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Alleged Sticking Out Tongue, “Humping” Object Insufficient
Share This: