D Motion to Dismiss Denied (Employment Discrimination)

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In T.D.H. v. Kazi Foods of New Jersey, Inc., Civil No. 5:23-cv-00634-JMG, 2023 WL 4567722 (E.D.Pa. July 17, 2023), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: To state a Title VII claim for…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Contentions Include Comments That Go Beyond “Occasional Offhand Comments”
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In Doe v. Bloomberg, L.P., et al., 2021 N.Y. Slip Op. 00898, 2021 WL 496608 (N.Y. Ct. App., Feb. 11, 2021), the New York Court of Appeals affirmed a First Department decision declining to impose vicarious liability on defendant Michael Bloomberg, under the New York City Human Rights Law, for the alleged harassment committed by…

Read More Court of Appeals Clarifies Standard for Individual Liability as “Employers” for Discrimination Under the New York City Human Rights Law
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In Gruber v. Glam, Inc., No. 654719/2018, 2020 WL 5590259, 2020 N.Y. Slip Op. 33088(U) (N.Y. Sup Ct, New York County Sep. 18, 2020), the court, inter alia, held that plaintiff stated claims of discrimination based on religion (Judaism) and pregnancy under the New York State and City Human Rights Laws. After summarizing the “black…

Read More Religious, Pregnancy Discrimination Claims Stated Against Glam, Inc.
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State and…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part Two (Title VII etc)
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act (EPA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part One (Equal Pay Act)
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In Goldblatt v. New York Institute of Technology, 2020 WL 5027150 (E.D.N.Y. August 25, 2020), the court, inter alia, held that plaintiff sufficiently alleged a claim for age discrimination under the Age Discrimination in Employment Act (ADEA) and its state counterpart (the New York State Human Rights Law). After summarizing the applicable law, the court…

Read More ADEA Age Discrimination Claim Survives Dismissal; “Smoking Gun” Evidence Not Required
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In Farmer v. Shake Shack Enterprises, LLC et al, 2020 WL 4194860 (S.D.N.Y. July 21, 2020) (J. Engelmayer), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of pregnancy discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Gender/Pregnancy Discrimination Claims Proceed Against Shake Shack et al
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In  Casarella v. New York State Department of Transportation, 2018 WL 4372674 (S.D.N.Y. Sept. 13, 2018), the court, inter alia, held that plaintiff plausibly alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. “To establish a hostile work environment claim, a plaintiff must produce enough evidence to show…

Read More Hostile Work Environment Claim Survives Dismissal; Anti-Italian Slurs Were “Pervasive”
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In Stoica v. Phipps, 2018 WL 1226045 (N.Y. Sup. Ct. N.Y. Cty. Index No. 153834/2017, March 8, 2018) (J. Lebovits), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claims under the New York State and City Human Rights Laws.[1]It also held that plaintiff sufficiently alleged various other claims, including…

Read More Nanny Sufficiently Alleges Hostile Work Environment / Sexual Harassment; Claims Were Not “Too Outrageous and Incredible to be Believed”
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