Employment Discrimination

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In Crawford v. David Ratner, No. 952052/2023, 2023 WL 8810507 (N.Y. Sup Ct, New York County Dec. 20, 2023), the court, inter alia, denied the defendant’s motion to dismiss plaintiff’s claims – arising from a series of alleged sexual assaults, sexual harassment and retaliatory conduct between 2010 and 2011 by the defendant – under the…

Read More Adult Survivors Act (ASA) Revives NYC Human Rights Law Claims, in Sexual Harassment Lawsuit Arising From 2010-2011 Conduct, Court Rules
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In Marcus v. The City of New York, No. 152651/2022, 2023 WL 8570843 (N.Y. Sup Ct, New York County Dec. 11, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based hostile work environment claim . From the decision: Defendants’ motion to dismiss plaintiffs hostile work environment claim based upon her gender is…

Read More Sex and Disability-Based Hostile Work Environment Claims Sufficiently Alleged by NYPD Sergeant, Court Holds
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In Joy Stewart Acala v. Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., No. 2021-05330, 617543/19, 2023 WL 8608819 (N.Y.A.D. 2 Dept., Dec. 13, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s claims for employment discrimination asserted under the New York State and City Human Rights Laws. From the decision: “A plaintiff alleging…

Read More National Origin, Disability Discrimination Claims Properly Dismissed, Court Holds; Non-Time-Barred Claims Insufficient to Allege Claims Under NYS and NYC Human Rights Laws
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In Beltran v. Hard Rock Hotel Licensing, Inc., 2023 WL 8430581 (Cal.App. 4 Dist., 2023), the court reversed a decision granting the defendant summary judgment on plaintiff’s claim for sexual harassment under California law.[1]NOTE: I am not licensed to practice law in California. Accordingly, this blog post is not intended to be a summary of,…

Read More Sexual Harassment Claim, Based on Allegations of Leering Gestures, Groping, Etc., Survives Summary Judgment
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In Russell-Webster v. Gina Raimondo, Secretary of the United States Department of Commerce, Case No. CIV-22-1074-D, 2023 WL 8358562 (W.D.Okla. Dec. 1, 2023), the court, inter alia, held that plaintiff adequately stated a plausible retaliation claim under Title VII of the Civil Rights Act of 1964. The court explained: To state a prima facie case…

Read More Title VII Retaliation Claim, Based on Oral Discrimination Complaint, Sufficiently Alleged
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In Holcomb v. Optumhealth, Inc., 2023 WL 6466352 (S.D.N.Y. Oct. 4, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. This decision presents a unique fact pattern that is likely to recur as remote-only work becomes the norm…

Read More Title VII Race Discrimination Claim Dismissed; No Evidence That Plaintiff’s Manager Knew She Was African American
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In Sadowski v. Suppi Construction, Inc., C.A. No. N22C-11-149 SPL, 2023 WL 8282052 (Del.Super. Nov. 30, 2023), the court, inter alia, held that plaintiff sufficiently alleged gender discrimination under the Delaware Discrimination in Employment Act (which, the court noted, it was interpreting consistently with Title VII of the Civil Rights Act of 1964). From the…

Read More Sex/Gender Discrimination Sufficiently Alleged; Allegations Include Male Subordinates Ignoring Female Plaintiff’s Direction
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In Rosenthal v. Roosevelt Island Operating Corporation et al, No. 1105, 154096/21, 2022-03686, 2023 N.Y. Slip Op. 06103, 2023 WL 8193191 (N.Y.A.D. 1 Dept., Nov. 28, 2023), the First Department affirmed the dismissal of plaintiff’s discrimination claims on the grounds of collateral estoppel From the decision: Plaintiff is collaterally estopped from asserting claims of discrimination…

Read More Employment Discrimination Claims Properly Dismissed on Ground of Collateral Estoppel, in Light of Article 78 Determination
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In Ashmore v. Ohio Department of Transportation, Case No. 3:20-cv-499, 2023 WL 6880380 (S.D.Ohio Oct. 18, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In finding that the alleged harassment was not “severe or pervasive,”…

Read More Title VII Sexual Harassment Claim Dismissed; Gender-Related Jokes, Occasional Teasing, and One Buttocks-Grabbing Incident Held Insufficient
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In Luo v. AIK Renovation Inc. et al, 23-cv-5878 (LJL), 2023 WL 8113437 (S.D.N.Y. Nov. 22, 2023), the court, inter alia, held that plaintiff sufficiently alleged employment discrimination (disparate treatment) based on his Chinese descent, and denied defendant’s motion to dismiss. From the decision: Plaintiff has pleaded sufficient facts to give rise to a claim…

Read More Employment Discrimination Claims, Based on Chinese Descent, Survive Dismissal
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