In Jackson, Robert v. American Civil Liberties Union, Inc. et al, 21-CV-5037 (JPO), 2024 WL 4766983 (S.D.N.Y. Nov. 13, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the McDonnell…
Read More Race Discrimination Claims Survive Summary Judgment Against ACLUIn Kiseleva v. Mark Greenspan et al, 23-CV-9496 (VEC), 2024 WL 4635463 (S.D.N.Y. Oct. 31, 2024), the court, inter alia, held that plaintiff sufficiently alleged discrimination in violation of 42 U.S.C. § 1981, based on her Slavic Eastern European Eurasian (SEE) heritage. From the decision: Kiseleva has adequately alleged that the misclassification of her as…
Read More Plaintiff Sufficiently Alleges § 1981 Discrimination Claim Based on Slavic HeritageIn Murray v. Brag Sales Inc. d/b/a Uneeda Enterprises et al, 2024 WL 4635479 (S.D.N.Y. Oct. 31, 2024), the court denied plaintiff’s motion for reconsideration of the dismissal of his claim of employment discrimination asserted under the New York City Human Rights Law. This decision is instructive on the geographic reach of that statute. From…
Read More Court Upholds Dismissal of NYCHRL Discrimination Claim; Plaintiff Worked Outside NYCIn McBride v. C&C Apartment Management LLC et al, 21 Civ. 02989 (DEH), 2024 WL 4403701 (S.D.N.Y. Oct. 1, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s race, national origin, and religion-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C.…
Read More Race-Based Hostile Work Environment Claim Dismissed; Corrective Action Followed Alleged “N-Word” UtteranceIn Reach v. Healthfirst, Inc., 23-CV-8085 (JPO), 2024 WL 4493769 (S.D.N.Y. Oct. 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws.[1]The court initially found that plaintiff failed to sufficiently allege claims under federal law. From the decision:…
Read More Race-Based Hostile Work Environment Claims Sufficiently Alleged Under NYS and NYC Human Rights LawsIn Soto v. Vanguard Construction and Development Company, Inc., 23 Civ. 6044 (JPC), 2024 WL 4289106 (S.D.N.Y. Sept. 25, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claim of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision illustrates the boundaries of what allegations…
Read More Court Dismisses Title VII Race-Based Hostile Work Environment ClaimIn Luo v. AIK Renovation Inc. et al, 2023-cv-5878 (LJL), 24 WL 4444283 (S.D.N.Y. Oct. 8, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s discriminatory termination claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…
Read More Discriminatory Termination Claim, Based on Conflicting Explanations for Plaintiff’s Termination, Survives Summary JudgmentIn Luo v. AIK Renovation Inc. et al, 2023-cv-5878 (LJL), 24 WL 4444283 (S.D.N.Y. Oct. 8, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under the New York State and City Human Rights Laws. From the decision: Under the NYCHRL, the conduct at issue must…
Read More Race/National Origin (Chinese) Hostile Work Environment Claims Survive Summary Judgment, Court RulesIn Cruz v. Local 32BJ and Harvard Maintenance, Inc., 22 Civ. 3068 (PGG) (SDA), 2024 WL 4357036 (S.D.N.Y. Sept. 30, 2024), the court denied defendant’s motion to dismiss plaintiff’s claims of retaliation under Remove term: 42 USC § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. From…
Read More Retaliation Claim, Based on 9-Day Gap Between Protected Activity and Adverse Action, Plausibly AllegedIn Lee v. Riverbay Corporation, No. 22-CV-7504-LTS, 2024 WL 4312166 (S.D.N.Y. Sept. 27, 2024), 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, the New York State Human Rights Law, and the New York City Human Rights Law. As…
Read More Hostile Work Environment Claims, Based on Asian Jokes, Survive Dismissal