Employment Discrimination

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In Yerdon v. New York State Department of Motor Vehicles, 20 F.4th 1150 (2d Cir. 2024), the U.S. Court of Appeals for the Second Circuit held that the Eleventh Amendment barred plaintiff’s claim of disability discrimination unser the Americans with Disabilities Act (ADA). From the decision: Because Congress did not identify a history and pattern…

Read More Eleventh Amendment Bars ADA Disability Discrimination Claim Against NY DMV, Second Circuit Holds
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In Goldzweig v. Consolidated Edison Company of New York, Inc., 2024 WL 5056350 (S.D.N.Y. Dec. 10, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of gender discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…

Read More Sex Discrimination Claims Dismissed Against Con Edison
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In Bennett v. State, No. 152438/2023, 2024 WL 4896499 (N.Y. Sup Ct, New York County Nov. 21, 2024), the court denied plaintiff’s motion for partial summary judgment against defendant on plaintiff’s claims of sexual harassment and retaliation. This decision illustrates the general principle that courts are reluctant to grant summary judgment at a stage in…

Read More Cuomo Sexual Harassment Plaintiff’s Motion for Summary Judgment Denied
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In Ancrum v. New York City Department of Environmental Protection, 2024 WL 5009145 (S.D.N.Y. Dec. 6, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: For Title VII purposes, a workplace is actionably hostile when it…

Read More Title VII Sexual Harassment Claim Dismissed; Comments, While “Despicable” and “Offensive”, Held Not Actionable
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In Roberson v. New York City Health and Hospitals Corp., No. 151841/2023, 2024 WL 4957306 (N.Y. Sup Ct, New York County Nov. 30, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of hostile work environment asserted under the New York State and City Human Rights Laws. From the decision: Here, Roberson…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Include Isolation Following Expression of Concerns About Race-Based Pay
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In a recent case, O’Rear v. Diaz, 24 Civ. 1669 (PAE), 2024 WL 4903722 (S.D.N.Y. Nov. 27, 2024), the court addressed an issue arising in a number of employment discrimination/sexual harassment cases, namely, the production of sexual harassment and sexual assault complaints by employees other than the plaintiff. From the decision: Plaintiff S. O’Rear sues…

Read More Plaintiff Entitled to Discovery of Sexual Harassment and Sexual Assault Complaints Made by Employees, Court Rules
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In Adeniji v. The City of New York, No. 152761/2022, 2024 WL 4939661 (N.Y. Sup Ct, New York County Nov. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims under the New York State and City Human Rights Laws. From the decision: Plaintiff opposes this prong of…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal; Allegations Include a History of Maltreatment and Denied Opportunities
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In Philippe v. The City of New York, No. 151444/2023, 2024 WL 4850897 (N.Y. Sup Ct, New York County Nov. 15, 2024), the court dismissed plaintiff’s claims of employment discrimination asserted under the New York State and City Human Rights Laws. This decision provides instructive guidance as to how courts apply the general rule of…

Read More Employment Discrimination Case Dismissed, Absent Allegation Taht Plaintiff Was Treated Differently or Worse Than Colleagues of Other Races
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In Sfanos v. Cranberry Crossroads Dining Venture, LLC, 2:23-CV-1502, 2024 WL 4827171 (W.D.Pa. Nov. 19, 2024), the court, inter alia, held that plaintiff sufficiently alleged an age-based hostile work environment claim under the Age Discrimination in Employment Act (ADEA). From the decision: Ms. Sfanos’s age-specific allegations are thinner, but they too are enough for now.…

Read More Age-Based Hostile Work Environment Claim Survives Dismissal
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In Ellis v. The City of New York, No. 157791/2023, 2024 WL 4894431 (N.Y. Sup Ct, New York County Nov. 25, 2024), the court, applying the “election of remedies” doctrine under the New York State Human Rights Law, dismissed plaintiff’s complaint for employment discrimination. From the decision: Here, Plaintiff initiated an action with the NYSDHR…

Read More Discrimination Claims Dismissed Under the “Election of Remedies” Doctrine
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