D Motion to Dismiss Denied (Employment Discrimination)

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In Flint v. Atlantic Networks, LLC, No. 505043/2021, 2024 WL 1840597 (N.Y. Sup Ct, Kings County Apr. 17, 2024), the court denied defendant’s motion to dismiss plaintiff’s disability discrimination claims asserted under the New York State and City Human Rights Laws. The court began by summarizing the standard to apply when considering a pre-answer motion…

Read More Court Denies Motion to Dismiss NYSCHR, NYCHRL Disability Discrimination Claims Following Dismissal of Federal Complaint Without Prejudice
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In Serrano v. The City of New York, No. 2023-05750, 2095, 810438/22, 2024 N.Y. Slip Op. 02156, 2024 WL 1723814 (N.Y.A.D. 1 Dept., Apr. 23, 2024), the Appellate Division, First Department reversed a lower court’s order granting defendant’s motion to dismiss plaintiff’s claims of race discrimination asserted under the New York State and City Human…

Read More First Department Revives Race Discrimination, Hostile Work Environment Claims
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In Perez v. RJR Maintenance Group Inc., No. 652938/2023, 2024 WL 1532761 (N.Y. Sup Ct, New York County Apr. 5, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under the New York State and City Human Rights Laws. In reaching its conclusion, the court employed the “joint employer”…

Read More Applying “Joint Employer” Doctrine, Court Denies Motion to Dismiss National Origin Discrimination Claims
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In Rivera v. The Fortune Soc., Inc., No. 150022/2023, 2024 WL 1532756 (N.Y. Sup Ct, New York County April 9, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the New York State and City Human Rights Law. From the decision: To state a prima facie case of…

Read More Hispanic Native American Man’s Discrimination Claims Survive Dismissal
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In Farah v. Emirates and Emirates Severance Plan, 21-CV-05786-LTS, 2024 WL 1374762 (S.D.N.Y. March 31, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’ claim of discrimination based on national origin (American). From the decision: To plead a prima facie case of intentional discrimination under Title VII, Plaintiffs must plausibly allege: (1) they…

Read More National Origin (American) Discrimination Claims Survive Dismissal Against Emirates
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. (I wrote about the court’s…

Read More Actress Plausibly Alleges Race-Based Hostile Work Environment Claims Under NYS and NYC Human Rights Laws (But Not Title VII)
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In Perez v Y & M Transportation Corporation, No. 2021-02890, 518884/20, 2023 N.Y. Slip Op. 04675, 2023 WL 6134310 (N.Y.A.D. 2 Dept., Sep. 20, 2023), the Appellate Division, Second Department affirmed the denial of defendants’ motion to dismiss plaintiff’s discrimination, hostile work environment, and retaliation claims in violation of the New York City Human Rights…

Read More Race, Perceived Disability Discrimination Claims Sufficiently Alleged Under NYC Human Rights Law
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In Gross v. Hatboro-Horsham School District, No. 23-0633, 2023 WL 4867423 (E.D.Pa. July 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act (ADA). From the decision: As noted, Defendant argues that Plaintiff has failed to plausibly allege that the discrimination…

Read More Teacher’s ADA Disability-Based Hostile Work Environment Claim Survives Dismissal
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In Tiffani Kerns v. RCS Trucking & Freight, Inc., No. 1:22-cv-1200 (RDA/IDD), 2023 WL 4868555 (E.D.Va. July 31, 2023), the court denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment sexual harassment (as well as constructive discharge) asserted under the Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged…

Read More Sexual Harassment Claim Survives Dismissal; Court Rejects Defendant’s “Myopic” Interpretation of the Hostile Work Environment Statement
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