Employment Discrimination

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In Hussain v. The City of New York, No. 159834/2022, 2024 WL 4100982 (N.Y. Sup Ct, New York County Sep. 06, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under the New York City Human Rights Law. From the decision: Defendants move to dismiss plaintiff’s retaliation claims. Under the…

Read More Retaliation Claims, Arising From Religious Discrimination Complaint, Sufficiently Alleged
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In Baldwin v. TMPL Lexington LLC et al, 23 Civ. 9899 (PAE), 2024 WL 3862150 (S.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim under the Gender Motivated Violence Protection Act, N.Y.C. Admin. Code §§ 10-1101 et seq. (“GMVPA”). The GMVPA creates a cause of action for “any person…

Read More Gender Motivated Violence Protection Act Claim Survives Against TMPL Lexington
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In Cali v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security, 22-CV-942S, 2024 WL 3877393 (W.D.N.Y. August 20, 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 Rights Act of 1964. From the decision: Isolated incidents of harassment ordinarily do…

Read More Title VII Hostile Work Environment Sexual Harassment Claim, Based on Attempted Kiss, Survives Dismissal
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In Rodriguez v. Buffalo Municipal Housing Authority, 23-CV-87-LJV, 2024 WL 3861247 (W.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a prima facie case of discrimination under Title VII, the…

Read More Title VII Race Discrimination Claim Sufficiently Alleged Against the Buffalo Municipal Housing Authority
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In Applewhite et al v. N.Y.C. Dept. of Education, 2024 WL 3718675 (E.D.N.Y. Aug. 8, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s failure-to-accommodate religion claim. From the decision: A plaintiff bringing a Title VII religious discrimination claim for failure to accommodate must allege that she “(1) has a bona fide religious…

Read More Failure to Accommodate Religion Claim Dismissed, Absent Allegation of Conflict Between Religious Observance and Employment Requirement
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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, granted defendants’ motion to dismiss plaintiff’s discrimination claim asserted under New York’s “lawful activities” discrimination law, Labor Law § 201-d. (The court did, however, deny defendants’ motion to dismiss…

Read More Instagram Post-Related Discrimination Claim, Asserted Under New York’s “Lawful Activities” Discrimination Law, Dismissed
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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 retaliation claims asserted under Title VII of the Civil Rights Act of 1964, and the New York State and City Human…

Read More Retaliation Claims, Predicated on Sexual Harassment Complaint, Survive Dismissal
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In Meckeler v. Cornell University et al, 2024 WL 3535488 (N.D.N.Y. July 25, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of discrimination based on sexual orientation. From the decision: As Defendants argue, Plaintiff was able to outline many events in detail. For example, she laid out a verbatim conversation wherein…

Read More Sexual Orientation Claims Dismissed; Court Cites Absence of Detail Regarding “Derogatory Behavior” Referencing Sexual Orientation or “Gay Stereotypes”
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In Doe v. Doe, No. 155961/2020, 2024 WL 3549750 (N.Y. Sup Ct, New York County July 25, 2024), the court granted plaintiff’s motion to dismiss defendant’s counterclaims alleging the filing of a false police report and complaints to child protective services. The court summarized the facts as follows: It is undisputed that Plaintiff was employed…

Read More Court Dismisses Counterclaims for Defamation, Abuse of Process Arising Out of Alleged False Police Report and Complaints to Child Protective Services
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In Jackson v. Whelan Event Staffing Services, Inc. et al, Civil Action No. 24-cv-00072-LKG, 2024 WL 3487888 (D.Md. July 19, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law, the court…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Alleged Back Massage & Penis Text Insufficient
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