Court: SDNY

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In Pell v. Yonkers City School District, 2025 WL 2084739 (S.D.N.Y. July 24, 2025), the court granted defendant’s motion to dismiss plaintiff’s race discrimination under 42 U.S.C. § 1981. From the decision: Plaintiff’s Section 1981 is deficient because she does not plausibly allege facts that show her purported mistreatment was because of her race. Although…

Read More Section 1981 Claim Dismissed; Factual Support For Race-Based Discrimination Lacking
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In McConkey v. The Churchill School and Center, 24-cv-6091 (LJL), 2025 WL 2062195 (S.D.N.Y. July 23, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of sexual orientation discrimination asserted in violation of Title VII of the Civil Rights Act of 1964. From the decision: Given Plaintiff’s minimal burden at the motion…

Read More Sexual Orientation Discrimination Claims Survive Dismissal
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As defamation has received some attention in the news lately, it is worthwhile to step back and consider what, exactly, defamation is. Defamation in New York law, encompassing both libel (written) and slander (spoken), protects individuals and entities from false statements that harm their reputation. The legal landscape of defamation in New York is significantly…

Read More Asserting a Defamation Claim in New York
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In Carrasco v. Metropolitan Transit Authority, 2025 WL 1939052 (S.D.N.Y., July 15, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under the New York Labor Law. The court summarized, and applied, the law as follows: A plaintiff alleging retaliation under the NYLL must first show “(1) [plaintiff’s] participation…

Read More NY Labor Law Retaliation Claim Survives Dismissal
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In Emilio Garcia v. ROC Nation LLC et al, 1:24-cv-7587-GHW, 2025 WL 1865965 (S.D.N.Y. July 2, 2025), the court, inter alia, held that plaintiff – a cameraman working in rapper Megan Thee Stallion’s (a/k/a Megan Pete) entourage – sufficiently alleged sexual orientation-based discrimination/hostile work environment. The court summarized the facts, in pertinent part, as follows:…

Read More Megan Thee Stallion Cameraman Plausibly Alleges Sexual Orientation-Based Hostile Work Environment, Court Holds
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In Cherner v. CF Bankshares Inc., 24-CV-02812 (PMH), 2025 WL 1745864 (S.D.N.Y. June 23, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII “makes actionable any form of sex-based compensation discrimination.” Lenzi v. Systemax,…

Read More Male Plaintiff Sufficiently Alleges Gender Discrimination Under Title VII of the Civil Rights Act of 1964
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In Owens v. PriceWaterHouseCoopers LLC, 1:24-cv-5517-GHW, 2025 WL 1677001 (S.D.N.Y. June 12, 2025), the court clarified the standard for “sexual harassment” claims asserted under the New York City Human Rights Law. The court explained: The question, accordingly, becomes how to define the subset of discriminatory conduct that is also “sexual harassment.” As stated above, the…

Read More “Sexual Harassment” under the NYCHRL Need Not Be “Lewd or Sexual”; Motion to Compel Arbitration Denied
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In Baxter v. Swiftshift Inc., 24cv6241 (DLC), 2025 WL 1677712 (S.D.N.Y. June 13, 2025), the court, inter alia, held that plaintiff sufficiently alleged claims of hostile work environment, under the New York State and City Human Rights Laws, because of her sex and domestic violence victim status. From the decision: Baxter has also stated a…

Read More Hostile Work Environment Claims, Based on Sex and Domestic Violence Victim Status, Survive Dismissal
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In Rivera v. Target Corp., 24-CV-6965 (JPO), 2025 WL 1616863 (S.D.N.Y. June 6, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s Americans with Disabilities Act (ADA) discrimination claim, due to the failure to meet the “administrative exhaustion” requirement. From the decision: Rivera’s allegations before the EEOC made no reference to disability discrimination,…

Read More ADA Disability Discrimination Claim Dismissed Due to Failure to Exhaust Administrative Remedies
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In Ruiz v. Credit Agricole Corporate and Investment Bank, Anthony Botting, 2025 WL 1642406 (S.D.N.Y. June 10, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: I turn next to Plaintiff’s claim under the NYCHRL that…

Read More Race-Based Hostile Work Environment Claim, Asserted Under the NYC Human Rights Law, Survives Dismissal
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