D Motion for Summary Judgment Denied (Employment Discrimination/Pretext)

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In a recent decision, Anderson v. KAR Global, 2023 WL 5493754 (8th Cir. Aug. 25, 2023), the U.S. Court of Appeals for the Eighth Circuit reversed a lower court’s dismissal of plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act. In evaluating plaintiff’s claim, the court applied the familiar McDonnell Douglas burden-shifting framework. Under this…

Read More Disability Discrimination (Termination) Claim Improperly Dismissed on Summary Judgment, 8th Circuit Holds
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In Moody, Amanda v. Empire Hotel Development, Inc., et al, No. 20-CV-02203 (PMH), 2023 WL 5480729 (S.D.N.Y. August 24, 2023), the court, inter alia, denied defendants’ motion for summary judgment as to plaintiff’s race-based discrimination (demotion) claim. From the decision: Moody also contends that she was demoted in mid-July 2019. Moody testified that a few weeks…

Read More Race-Based Discrimination (Demotion Only) Claims Survive Summary Judgment
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In Emanuel v. Gap, Inc. et al, 2023 WL 5211007 (S.D.N.Y. August 14, 2023), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiffs’ race discrimination claims. In sum, plaintiffs argue that they were terminated for engaging in alleged misconduct (modifying employee timecards) while a caucasian employee (Kolibabek) suffered only a reprimand.…

Read More Race-Based Discrimination Claims Survive Summary Judgment; Allegations Included Disparate Discipline
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In Brown v. Metropolitan Dental Associates et al, 2023 WL 5154415 (S.D.N.Y. August 10, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, the same evidence that raised factual issues with respect to…

Read More “He Said, She Said” Pregnancy Discrimination Claim Survives Summary Judgment
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In Washington v. NYC Madison Avenue Medical P.C. et al, No. 20-CV-03446-LTS-SN, 2023 WL 4980215 (S.D.N.Y. August 3, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sex/pregnancy discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. In sum,…

Read More Pregnancy Discrimination Case Survives Summary Judgment
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In Boutin v. Comcast Cable Communications Management, LLC, 3:21-CV-1630 (SVN), 2023 WL 4564375 (D.Conn. July 17, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based discrimination claims. In this case, plaintiff alleges that he was given a smaller raise, resulting from a negative performance evaluation, than he believed was warranted,…

Read More Race Discrimination Claims Against Comcast Survives Summary Judgment
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In Doyle v. Mid-Hudson Valley Federal Credit Union, 20 CV 2087 (NSR), 2023 WL 4297192 (S.D.N.Y. June 30, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s age discrimination claims asserted under the Age Discrimination in Employment Act and New York State Human Rights Law. From the decision: Plaintiff presents a litany of…

Read More Age Discrimination Claims Survive Summary Judgment; Evidence Included Age-Related Comments and Hiring of Younger Replacement
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In Hatzimihalis v. SMBC Nikko Securities America, Inc. et al, 20 Civ. 8037 (JPC), 2023 WL 3764823 (S.D.N.Y. June 1, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based pay discrimination claims under the New York City Human Rights Law and the post-amendment New York State Human Rights Law claims. This decision…

Read More Sex-Based Discrimination / Pay Disparity Claims Survive in Part
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In Rysak v. Ferro Corporation, Civil Action No. 22-2311, 2023 WL 3138937 (E.D.Pa. April 28, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. Initially, there was no question that plaintiff made out a prima facie case of age discrimination; specifically, she was…

Read More Age Discrimination Claim Survives Summary Judgment; Performance Issues Not Raised Until After Termination
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In Gregorian v. New York Life Insurance Company, No. 2019-10749, 34349/05, 2022 N.Y. Slip Op. 06917, 2022 WL 17480742 (N.Y.A.D. 2 Dept., Dec. 07, 2022), the court reversed the lower court’s summary judgment dismissal. From the decision: Here, the Supreme Court properly determined that Gregorian set forth a prima facie case of age discrimination (see…

Read More Age Discrimination Claims Survive Summary Judgment Against New York Life Insurance Company
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