Court: SDNY

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In 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 Claim
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In 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 Judgment
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In 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 Rules
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In 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 Alleged
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In 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
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In a recent decision, Fay v. City of Newburgh et al, No. 21 Civ. 3140 (NSR), 2024 WL 4169552 (S.D.N.Y. Sept. 12, 2024), the court discussed and applied the “Faragher/Ellerth” affirmative defense, resulting in the granting of defendants’ motion for summary judgment on plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights…

Read More Applying “Faragher/Ellerth” Affirmative Defense, Court Dismisses Hostile Work Environment Sexual Harassment Claims
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In Schneidermesser v. NYU Grossman School of Medicine, 21 Civ. 7179 (DEH), 2024 WL 4135701 (S.D.N.Y. Sept. 10, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s age-based hostile work environment claims asserted under the Age Discrimination in Employment Act (ADEA) and New York State Human Rights Law. After summarizing the black-letter law,…

Read More Age-Based Hostile Work Environment Claims Survive Summary Judgment; Evidence Included Reference to Plaintiff as “Grandma” and “Old Lady”
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In Nahar v. ADR Ventures WPR LLC, 23-CV-3835 (VSB), 2024 WL 4042433 (S.D.N.Y. Sept. 3, 2024), the court, inter alia, held that plaintiff sufficiently alleged religious-based discrimination 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 to Title…

Read More Hijab-Based Comments Among Allegations Sufficient to State Religion-Based Discrimination Claims
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In Wright v. City of New York et al, 23 Civ. 3149 (KPF), 2024 WL 3952722 (S.D.N.Y. August 27, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. In…

Read More Retaliation Claims, Arising From Conduct Following Return to In-Person Work, Sufficiently Alleged
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In Netrebko v. Metropolitan Opera Association, Inc. d/b/a The Metropolitan Opera et al, 23 Civ. 6857 (AT), 2024 WL 3925377 (S.D.N.Y. August 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims. As to plaintiff’s claims asserted under the New York State Human Rights Law, the court explained: Netrebko’s firing…

Read More Opera Singer Plausibly Alleges Gender Discrimination Under the New York State and City Human Rights Laws
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