Employment Discrimination Sufficiently Alleged

In Sargent v. Amazon.com, Inc., Civil Action No. 23-1330-RGA, 2024 WL 3936490 (D.Del. Aug. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges he was subjected to a hostile work environment…

Read More Race-Based Hostile Work Environment Claim, Arising From Alleged Racist Graffiti, Survives Dismissal
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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 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 Innes v. County of Warren et al, 1:22-cv-641 (BKS/TWD), 2024 WL 865864 (N.D.N.Y. Feb. 29, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability discrimination claims. As to plaintiff’s claims under the Americans with Disabilities Act (ADA), the court explained: Plaintiff alleges the following facts. Approximately an hour and a half…

Read More Disability Discrimination Claims Survive Dismissal; Court Cites Closeness in Time Between Hospitalization and Termination
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In Brown v. Cnty. of Westchester, 22-CV-06146 (PMH), 2024 WL 21937 (S.D.N.Y. Jan. 2, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race discrimination, sex/gender discrimination, and hostile work environment (but only as to timely conduct). From the decision: To establish a prima facie case of discrimination under Title VII…

Read More Title VII Race Discrimination Claim Survives Dismissal; Sexual Harassment Claim Dismissed as Time-Barred
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In Murillo-Roman v. Pension Boards – United Church of Christ, Case No. 1:22-cv-08365 (JLR), 2024 WL 246018 (S.D.N.Y. Jan. 23, 2024), the court, inter alia, held that plaintiff sufficiently alleged claims of employment discrimination. The court discussed and applied the law as follows: Plaintiff’s claims of race and national-origin discrimination under Title VII and Section…

Read More Title VII Race, National Origin Discriminatory Termination Claims Survive Dismissal
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In Cline v. Clinical Perfusion Systems, Inc., No. 22-5107, 2024 WL 501616 (10th Cir. Feb. 9, 2024), the U.S. Court of Appeals for the Tenth Circuit, inter alia, held that the plaintiff sufficiently alleged age discrimination, and thus reversed a district court’s dismissal. From the decision: The district court erred by concluding that the FAC…

Read More Age Discrimination Sufficiently Alleged; “Inconsistent Legal Theories” Notwithstanding
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In Breiding v. High Hopes Films, LLC, No. 152385/2023, 2024 WL 144966, 2024 N.Y. Slip Op. 30135(U) (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. From the decision: In order to…

Read More Retaliation Claims Survive Dismissal Against High Hopes Films, LLC
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In Ruiz v. Armstrong, No. 508834/2017, 2024 WL 514006 (N.Y. Sup Ct, Kings County Feb. 02, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and national origin discrimination asserted under the New York State and City Human Rights Laws. From the decision: [A]t the motion to dismiss phase, a…

Read More Terminated Hispanic Teacher Sufficiently Alleges Race/National Origin Discrimination, Court Holds
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