D Motion to Dismiss Denied (Hostile Work Environment)

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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s various discrimination claims asserted under federal law (namely, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities…

Read More Hostile Work Environment Claims Based on Race, Gender, Sexual Orientation, and Disability Survive Dismissal
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In Graham et al v. Cha Cha Matcha, Inc. et al, 23 Civ. 9911 (PAE), 2024 WL 3540324 (S.D.N.Y. July 25, 2024), the court, inter alia, held that plaintiffs sufficiently alleged a race-based hostile work environment claim under under 42 U.S.C. § 1981. The court summarized the black-letter law as follows: Section 1981 provides that…

Read More Race-Based Hostile Work Environment Sufficiently Alleged; Allegations Include Repeated Virulent Racial Slurs by Supervisor Over Several Months
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In Moy v. Napoli Shkolnik, PLLC et al, 23 Civ. 3788 (DEH), 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 – claims of hostile work environment under the New York State and City Human Rights Laws (but not under 42 U.S.C.…

Read More Hostile Work Environment Claims Sufficiently Alleged Under NYS and NYC Human Rights Laws, But Not Section 1981
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In Williams v. Chicago Transit Authority, 2024 WL 3455022 (N.D.Ill. July 18, 2024), the court, inter alia, held that plaintiff plausibly alleged a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds that Williams has met her burden at this stage and stated a…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged Against Chicago Transit Authority
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In Swank v. State of Oklahoma ex rel. The Regional University System of the Oklahoma Board of Regents d/b/a Northeastern State University, Case No. CIV-24-102-GLJ, 2024 WL 3400768 (E.D.Okla. July 12, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Include Inappropriate Comments, Touching
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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 Thompson v. The City of New York, No. 525109/2022, 2024 WL 2941866 (N.Y. Sup Ct, Kings County June 11, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under the New York City Human Rights Law. While the court held that plaintiff did not sufficiently allege a hostile…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law
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In Williams v. Breaking Ground Housing Development Fund Corporation et al, 22-cv-8715 (AS), 2024 WL 2882122 (S.D.N.Y. June 6, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and…

Read More Hostile Work Environment Sexual Harassment Claims, Based on Alleged Use of “Terms of Endearment”, Survive Dismissal
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In Cavanagh v. Idexx Laboratories, Inc., No. 2:23-cv-00273-NT, 2024 WL 2724195 (D.Me. May 28, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex and retaliation-based hostile work environment claims. From the decision: Nelson’s campaign succeeded in souring other IDEXX employees’ opinions of Cavanagh. Due to this souring, IDEXX made Cavanagh jump through…

Read More Sex and Retaliation-Based Hostile Work Environment Claims Survive Dismissal
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In Thomas v. City of New York, No. 159891/2022, 2024 WL 2274935 (N.Y. Sup Ct, New York County May 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: The City next moves to dismiss Plaintiff’s second…

Read More NYPD Officer Sufficiently Alleges Disability-Based Hostile Work Environment Under the NYC Human Rights Law
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