Employment Discrimination

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In Ali-Hasan, M.D. v. St. Peter’s Health Partners Medical Associates, P.C. et al, 2023 WL 7320860 (2d Cir. Nov. 7, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to the defendants on plaintiff’s sex discrimination asserted under Title VII of the Civil Rights Act of…

Read More 2d Circuit Affirms Dismissal of Title VII Sex Discrimination Complaint by Male Target of Anonymous Complaint of Sex Discrimination,
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In Alatorre v. Ole Mexican Foods, Inc., Case No. CIV-21-01057-JD, 2023 WL 7308117 (W.D.Okla. Nov. 6, 2023), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964, and thus denied defendant’s motion to dismiss. From the decision: Here, Alatorre has pled…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Sexual Comments and Attempted Touching
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In Anil v. The City of New York, No. 157736/2022, 2023 WL 7130790 (N.Y. Sup Ct, New York County Oct. 23, 2023), the court, inter alia, held that plaintiff sufficiently alleged age discrimination and retaliation under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the court explained: Plaintiff…

Read More Age Discrimination Claims, Based on Alleged Millennial Hiring Preference and Promotion of Less Experienced Younger Co-Workers, Survive Dismissal
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The old saying that “the devil is in the details” applies, with especial force, to hostile work environment sexual harassment claims. That said, as one court recently explained, the work environment need not be “hellish” in order to make out a claim. In Brinson v. Eagle Express Lines, Inc., No. 18-cv-3733, 2023 WL 6312400 (N.D.Ill.…

Read More Sexual Harassment Claim Survives Summary Judgment; “Hellishness” Not Required
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In Wilson et al v. City of Greenville, Mississippi et al, No. 4:22CV64-GHD-DAS, 2023 WL 7021295 (N.D.Miss. Oct. 25, 2023), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiffs’ claims of retaliatory hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Title VII Retaliatory Hostile Work Environment Claim Survives Dismissal; Alleged Harassment Occurred Shortly After EEOC Charge
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In Wilson et al v. City of Greenville, Mississippi et al, No. 4:22CV64-GHD-DAS, 2023 WL 7021295 (N.D.Miss. Oct. 25, 2023), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiffs’ claims of hostile work environment based on sex and sexual orientation asserted under Title VII of the Civil Rights Act…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Allegations Include Remarks About Sexual Orientation
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In Bethea v. First-Citizens Bank & Trust Company, 2023 WL 6284425 (D.S.C. Sept. 27, 2023), the court, inter alia, granted the defendant’s motion to dismiss plaintiff’s hostile work environment claim, asserted under Title VII of the Civil Rights Act of 1964, on the ground that it was not “administratively exhausted” at the U.S. Equal Employment…

Read More Title VII Hostile Work Environment Claim Dismissed as Not “Administratively Exhausted” at the EEOC
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In Stewart v. City of New York, 2023 WL 6970127 (2d Cir. Oct. 23, 2023), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the defendant’s motion for summary judgment on plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. Among other things, this decision underscores the…

Read More Title VII Retaliation Claim Dismissal Affirmed; Defendant Unaware of “Protected Activity”
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In Godwin v. Young Adult Institute, Inc., No. 154663/2021, 2023 WL 7002751 (N.Y. Sup Ct, New York County Oct. 24, 2023), the court granted plaintiff’s motion to dismiss plaintiff’s race-based failure-to-hire claim asserted under the New York City Human Rights Law. From the decision: Accepting the allegations in the [complaint] as true and providing plaintiff…

Read More Failure-to-Hire Race Discrimination Claim, Based in Part on Cardi B Comment, Dismissed
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In Schlosser v. Vrhabilis, LLC, 2023 WL 6881044 (E.D.Tenn. Oct. 18, 2023), the court denied defendant’s motion for judgment as a matter of law on plaintiff’s sex-based hostile work environment claim in violation of Title VII of the Civil Rights Act o 1964. From the decision: In this case, Schlosser proffered sufficient evidence from which…

Read More Sex-Based Hostile Work Environment Claim Survives Post-Verdict Motion; Evidence Included Unequal Treatment & Verbal Abuse
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