Employment Discrimination

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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In Joseph v. Board of Regents of the University System of Georgia, 2024 WL 4705544 (11th Cir. Nov. 7, 2024), the U.S. Court of Appeals for the Eleventh Circuit held that Title IX of the Education Amendments of 1972 does not create an implied right of action for sex discrimination in employment. From the decision:…

Read More Title IX Does Not Create an Implied Right of Action for Sex-Based Employment Discrimination, Eleventh Circuit Holds
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In Sol Back v. Bank Hapoalim, B.M., Gil Karni, 2024 WL 4746263 (2d Cir. Nov. 12, 2024), the U.S. Court of Appeals for the Second Circuit vacated a lower court’s dismissal of plaintiff’s claim of sex-based discrimination under Title VII of the Civil Rights Act of 1964. The district court held that plaintiff did not…

Read More Applying New “Adverse Employment Action” Standard, 2d Circuit Vacates Dismissal of Title VII Sex-Discrimination Claims
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In Spiegel v 226 Realty LLC, No. 150371/13, 2023–03102, 2805, 2024 N.Y. Slip Op. 05076, 2024 WL 4486892 (N.Y.A.D. 1 Dept., Oct. 15, 2024), the Appellate Division, First Department, unanimously reversed the lower court’s award of summary judgment to defendants on plaintiff’s claims of age discrimination asserted under the New York State and City Human…

Read More Age Discrimination Claims Survive Summary Judgment Against Hotel, First Department Holds
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In Cooley v. Chrysalis Center, Inc., 2024 WL 4678323 (Conn.Super. Oct. 31, 2024), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiff’s race-based termination claim. From the decision: The defendant does not seriously dispute that Cooley has satisfied the first three elements of his prima facie case. Therefore, only the fourth…

Read More Race-Based Discriminatory Termination Claim Survives Summary Judgment, Connecticut Court Holds
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In Sanders v. SUNY Downstate Medical Center et al, 22 CV 4139 (KAM) (CLP), 2024 WL 4680489 (E.D.N.Y. Nov. 5, 2024), the court, inter alia, granted plaintiff’s motion to amend her complaint to add an allegation of constructive discharge. From the decision: To establish constructive discharge, a plaintiff must show that rather than discharging her…

Read More Constructive Discharge Claim Plausibly Alleged, Continued Employment For 3.5 Years Notwithstanding
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In Allen v. New York State et al, 2:24-cv-02800 (JS) (JMW), 2024 WL 4654220 (E.D.N.Y. Nov. 1, 2024), the court denied defendants’ motion to stay this action in which plaintiff asserts claims of hostile work environment, sexual harassment, and retaliation. After summarizing the legal standard and the factors considered by courts – namely, “(1) whether…

Read More Court Declines to Stay Hostile Work Environment Sexual Harassment Case
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In Kiseleva v. Mark Greenspan et al, 23-CV-9496 (VEC), 2024 WL 4635463 (S.D.N.Y. Oct. 31, 2024), the court, inter alia, held that plaintiff sufficiently alleged discrimination in violation of 42 U.S.C. § 1981, based on her Slavic Eastern European Eurasian (SEE) heritage. From the decision: Kiseleva has adequately alleged that the misclassification of her as…

Read More Plaintiff Sufficiently Alleges § 1981 Discrimination Claim Based on Slavic Heritage
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In Goodwin v. UTGR, Inc., 2024 WL 4355044 (D.R.I. Sept. 30, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Mr. Goodwin has presented evidence in which a reasonable jury could conclude…

Read More Sexual Orientation-Based Hostile Work Environment Claim Survives Summary Judgment
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