Employment Discrimination

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In Hedvika Polonca Hribovsek v. United Cerebral Palsy of New York City et al, No. 1463, 152849/17, 2022-05615, 2024 N.Y. Slip Op. 00377, 2024 WL 330884 (N.Y.A.D. 1 Dept., Jan. 30, 2024), the court, inter alia, affirmed the denial of defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment claims. From the decision: Finally,…

Read More Hostile Work Environment Claims Survive Summary Judgment; Court Cites Accent Mocking and Excessive Monitoring
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In Moore v. Pegasus Steel, LLC, Case No. 2:22-cv-3096-RMG, 2024 WL 277779 (D.S.C. Jan. 25, 2024), the court, inter alia, adopted a Magistrate’s Report & Recommendation to deny defendant’s partial motion to dismiss plaintiff’s retaliation claim. From the decision: To establish a prima facie case of retaliation, a plaintiff must show “(1) engagement in a…

Read More Retaliation Claim Survives Dismissal; Court Cites Threat of Termination if Plaintiff Did Not Sign “Inaccurate” Disciplinary Forms
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In Arkorful v. New York City Department of Education, 18-cv-3455 (NG) (ST), 2024 WL 298999 (E.D.N.Y. Jan. 24, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. The court summarized the black-letter as follows: On a motion for…

Read More Title VII Retaliation Claims Survive Summary Judgement; Adverse Actions, Following Complaints of Discrimination, Included Failure to Investigate OEO Complaints
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In Pitter–Green v NYU Langone Medical Center, No. 1385, 155386/21, 2023-00123, 2024 N.Y. Slip Op. 00283, 2024 WL 234902 (N.Y.A.D. 1 Dept., Jan. 23, 2024), the court affirmed a lower court’s summary judgment dismissal of plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Defendant…

Read More Hostile Work Environment Dismissal Affirmed; “One Offensive Remark” Held Insufficient
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In Cooper v. County of York, Civil No. 21-CV-01440, 2024 WL 183013 (M.D.Pa. Jan. 17, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of age-based hostile work environment asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Finally, York’s motion requests summary judgment on Cooper’s claims…

Read More Age-Based Hostile Work Environment Claim Dismissed on Summary Judgment
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In Sanchez v. Hersha Hospitality Trust, No. 155483/2022, 2024 WL 129992 (N.Y. Sup Ct, New York County Jan. 11, 2024), the court, inter alia, held that plaintiff sufficiently asserted a claim of discrimination based on criminal conviction history under the New York City Human Rights Law. From the decision: Plaintiff has sufficiently pled a prima…

Read More NYCHRL Discrimination Claim, Based on Conviction Record, Survives Dismissal
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In Swanson v. Lilly USA, LLC, Case No. 1:23-cv-00831-TWP-TAB (S.D. Ind. Jan. 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The ADEA makes it unlawful “for an employer to fail or refuse to hire or to…

Read More Age Discrimination Claim Sufficiently Pled; Allegations Include Replacement by Substantially Younger Person
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In Foxworth v. Denis McDonough, 2024 WL 111761 (D.D.C. Jan. 10, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Court cannot conclude at this point that Foxworth has established a…

Read More Potential Need For Additional Discovery, Including Supervisor’s Testimony, Warrants Denial of Summary Judgment on Title VII Sex Discrimination & Retaliation Claims
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On November 17, 2023, New York Governor Hochul signed State Assembly Bill A00501, which amends a portion of the New York Executive Law (known as the New York State Human Rights Law), section 297, to increase the statute of limitations – for discrimination and retaliation claims asserted in the New York Division of Human Rights…

Read More New York Increases Statute of Limitations for NYS Human Rights Law Claims
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In Walsh v. HNTB Corporation, 2023 WL 8851163 (D.Mass. Dec. 21, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment and constructive discharge (on the basis of age discrimination) in violation of the Age Discrimination in Employment Act. This decision teaches that the timing of allegedly…

Read More Age-Based Hostile Work Environment/Constructive Discharge Claim Dismissed; Alleged Discriminatory Comments Occurred 10 Months Before Resignation
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