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 DismissalIn 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 HoldsIn 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 1964In 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 DeniedIn 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 DismissalIn 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 RemediesIn 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 DismissalIn Joseph Sherman v. Thalia Graves and Gloria Allred, 24 Civ. 8494 (AT), 2025 WL 1558476 (S.D.N.Y. Jun 2, 2025), the court granted defendant’s motion to dismiss plaintiff’s defamation claim. This decision is a good summary of the current state of defamation law in New York. In sum, on September 24, 2024, defendant Graves filed…
Read More Court Dismisses Joseph Sherman’s Defamation Claim Against Thalia Graves and LawyerIn Noh v. Admarketplace, Inc., 24 Civ. 2107 (ER), 2025 WL 965882 (S.D.N.Y. March 28, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex- and race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State and City…
Read More Hostile Work Environment Claim, Based on Race and Sex, Survive DismissalIn Beatty v. NYC District Council of Carpenters and Joiners of America, 1:23-cv-02126 (ALC) (SN), 2025 WL 963307 (S.D.N.Y. March 31, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human…
Read More Sex-Based Hostile Work Environment Claims Survive Summary Judgment; Evidence Included Appearance-Related Jokes and Comments