D Motion to Dismiss Denied (Employment Discrimination)

In Moy v. Napoli Shkolnik, PLLC et al, 2024 WL 3498131 (S.D.N.Y. July 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s – a Chinese American woman – claim of employment discrimination asserted under 42 U.S.C. § 1981 (as well as under the New York State and City Human Rights Laws). After…

Read More Chinese American Attorney Sufficiently Alleges Race, Gender Discrimination, Court Holds
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In Carbone v. Tri-Town Construction LLC, 2024 WL 3377740 (M.D.Fla. July 11, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision:; The Court denies Tri-Town Construction’s motion to dismiss Counts 3 and…

Read More Title VII Hostile Work Environment Sexual Harassment Claim, Based on Allegation that Coworker Grabbed Plaintiff’s Genitalia, Survives Dismissal
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In Pennetti v. The City of New York, No. 154367/2023, 2024 WL 3345017 (N.Y. Sup Ct, New York County June 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claims. From the decision: Defendant’s motion to dismiss Plaintiff’s hostile work environment claim is denied. Under the State HRL, a…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Included Yelling, Demeaning, and Threatening to Terminate Older Male Employees
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In Lasarge v. Fastex Logistics, Inc., Case No. 23 C 14836, 2024 WL 3011359 (N.D.Ill., June 14, 2024), the court, inter alia, held that plaintiff plausibly alleged sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: Title VII and IHRA make it a civil rights violation for an employer…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Separation From Alleged Harasser Not Dispositive
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In Minor v Essence Ventures, LLC, No. 533765/2023, 2024 N.Y. Slip Op. 50758(U), 2024 WL 3212243 (NY Sup Ct Kings Cty, June 23, 2024), the court denied defendant’s motion to dismiss plaintiff’s disability discrimination claim asserted under the New York State Human Rights Law. This decision is instructive as to how courts assess the sufficiency…

Read More NYSHRL Disability Discrimination Claim Survives Dismissal; Inference Supported by Termination 8 Days After Disclosure of Disability
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In Holloway v. City of New York, No. 155025/2023, 2024 WL 3203274 (N.Y. Sup Ct, New York County June 27, 2024), the court denied defendant’s motion to dismiss plaintiff’s claim of arrest-record discrimination under the New York State and City Human Rights Laws. From the decision: Turning to CPLR § 3211 (a)(7), the court finds…

Read More Arrest-Record Discrimination Claims Survive Dismissal, Court Holds
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In Eustache v Board of Education of City School District of City of New York, No. 153619/19, 2022-01128, 998, 211 N.Y.S.3d 71, 2024 N.Y. Slip Op. 03228, 2024 WL 2964264 (N.Y.A.D. 1 Dept., June 13, 2024), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under the New York State and City Human…

Read More Alleged Racial Comments, in Context of Sexual Harassment, Signaled Discriminatory Views on Race in Workplace, Court Holds
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In Huntley v. City of New York, No. 151697/2023, 2024 WL 3070013 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based discrimination and hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Here, Plaintiff pleads…

Read More NYPD Lieutenant Sufficiently Alleges Gender Discrimination
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In David v. The City of New York, No. 156939/2023, 2024 WL 3070011 (N.Y. Sup Ct, New York County June 20, 2024), the court denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate disability claim asserted under the New York City Human Rights Law. From the decision: Here, Plaintiff has sufficiently alleged that, as a uniformed officer…

Read More NYPD Officer Sufficiently Alleges Failure-to-Accommodate Disability Discrimination Claim, Court Holds
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In Tohidi v. City of Reading Police Department, No. 5:24-cv-0591, 2024 WL 3015514 (E.D.Pa. June 13, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act (ADA). From the decision: The City asserts that Counts I and V (disability discrimination) should be dismissed…

Read More Disability Discrimination Claim Asserted by Plaintiff With Tourette’s Syndrome, Survives Dismissal
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