Employment Discrimination

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In Loth v. City of New York, No. 160925/2021, 2023 WL 3456623 (N.Y. Sup Ct, New York County May 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: Finally, the complaint adequately alleges claims for unlawful…

Read More Retaliation Claims Sufficiently Alleged; Vandalism etc. Followed Witness Participation
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In Loth v. City of New York, No. 160925/2021, 2023 WL 3456623 (N.Y. Sup Ct, New York County May 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: At this early stage of the litigation,…

Read More Sex/Gender Discrimination Claims Sufficiently Alleged; Comments Included “Calendar Girl” Remark
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In Hoxhaj et al v. Michael Cetta, Inc. et al, 21-cv-6486 (LJL), 2023 WL 3455444 (S.D.N.Y. May 15, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiffs’ claims of religion-based discrimination under the New York City Human Rights Law. From the decision: A reasonable jury could conclude that Plaintiff Hoxhaj was…

Read More Religion-Based Discrimination Claim Against Michael Cetta Survives Summary Judgment; Court Cites Comments That Were Hostile to Islam and Muslim People
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In Kirstyn Crawford v. American Broadcasting Company, et al., No. 157874/21, 2022-02552, 258, 2023 N.Y. Slip Op. 02611, 2023 WL 3468449 (N.Y.A.D. 1 Dept., May 16, 2023), the court modified the lower court’s dismissal of plaintiff’s hostile work environment and sex discrimination claims. From the decision: The allegations supporting plaintiff’s hostile work environment and sex…

Read More Sex-Based Hostile Work Environment Claim Against ABC Resurrected From Dismissal
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In Montgomery v. St. John’s United Church of Christ, 2023 WL 2820472 (Ohio App. 5 Dist., 2023), the court upheld a lower court decision dismissing, pursuant to the “ministerial exception”, plaintiff’s sexual harassment hostile work environment claim. From the decision: The circuits are split on whether the ministerial exception categorically bars courts from considering a…

Read More Sexual Harassment Hostile Work Environment Claim Barred by “Ministerial Exception”
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In Jemmott v. Roosevelt Island Operating Corp. of the State of New York, No. 160867/2016, 2023 WL 3386763 (N.Y. Sup Ct, New York County May 11, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s claims of sexual harassment, retaliation, and constructive discharge. From the decision: The court finds defendant has fallen far…

Read More Sexual Harassment and Related Claims Survive Summary Judgment Against Roosevelt Island Operating Corp.
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In Toledo v. Brend Restoration, LLC et al, No. 21 Civ. 882 (GBD) (SN), 2023 WL 3381249 (S.D.N.Y. May 11, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. This result turns on the application of the “joint employer”…

Read More Title VII Sexual Harassment Claim Dismissed Against Entity Held Not to be “Joint Employer”
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In Milczak v. General Motors, LLC, Case No. 21-CV-11484, 2023 WL 3129473 (E.D.Mich. April 27, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act. From the decision: Even if plaintiff had exhausted his administrative remedies, the conduct he…

Read More “Old Fart” and Other Comments Insufficient to Create Hostile Work Environment: Court
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In Davis v. Power Authority, 2023 WL 3064705 (2d Cir. April 25, 2023), the court, inter alia, affirmed the lower court’s order awarding summary judgment to defendant on plaintiff’s discrimination claims. From the decision: Here, even assuming a prima facie case of discrimination, Defendants provided legitimate, non-discriminatory reasons for Davis’s termination, and Davis fails to…

Read More Citing “Stray Remarks” Doctrine, Second Circuit Affirms Dismissal of Discrimination Claim
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In Richards v. The Department of Education of the City of New York, 21-cv-338 (LJL), 2023 WL 2876585 (S.D.N.Y. April 10, 2023), the court denied defendants’ motion to dismiss plaintiff’s discrimination claim asserted under the New York City Human Rights Law. This case illustrates the differences between federal anti-discrimination laws, on the one hand, and the broader,…

Read More Race/Religion Discrimination Claim Sufficiently Alleged Against NYC Dept. of Education, Court Holds
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