Employment Discrimination

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In a recent decision, Anderson v. KAR Global, 2023 WL 5493754 (8th Cir. Aug. 25, 2023), the U.S. Court of Appeals for the Eighth Circuit reversed a lower court’s dismissal of plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act. In evaluating plaintiff’s claim, the court applied the familiar McDonnell Douglas burden-shifting framework. Under this…

Read More Disability Discrimination (Termination) Claim Improperly Dismissed on Summary Judgment, 8th Circuit Holds
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In Ayende v. The City of New York, No. 153423/2022, 2023 WL 5531761, 2023 N.Y. Slip Op. 32970(U) (N.Y. Sup Ct, New York County Aug. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims. From the decision: Plaintiff must state a prima facie cause of action for employment discrimination…

Read More Disability Discrimination Claims Sufficiently Alleged Against the City of New York
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In a recent case, Rudolph v. Abbott Laboratories, Inc., Civil Action No.: 3:18-cv-6071-PGS-TJB, 2023 WL 5638844 (D.N.J. August 31, 2023), the court denied defendant’s motion in limine seeking to prelude plaintiff from introducing evidence of other employees’ allegations of discrimination. This evidence, typically referred to as “me too” evidence, can be very useful in a discrimination…

Read More “Me Too” Evidence Permitted in Discrimination Case
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In a recent case, Symotyuk-Knoll v. Healthequity, Inc., 1:21-CV-08348 (ALC), 2023 WL 5576405 (S.D.N.Y. August 29, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Retaliation Claims Sufficiently Alleged; Termination Followed Pregnancy Leave Request
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In Lazarine v. Allied Universal Event Services, No. 153143/2023, 2023 WL 4546517, 2023 N.Y. Slip Op. 32374(U) (N.Y. Sup Ct, New York County July 14, 2023), the court, inter alia, dismissed plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: Counts IV, V, and VIII of…

Read More Retaliation Claims Dismissed Absent Allegation of “Protected Activity”
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In Newman v. Intern. Institute for the Brain (Ibrain), No. 150459/2023, 2023 WL 5350997 (N.Y. Sup Ct, New York County Aug. 16, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Under the NYSHRL,…

Read More Hostile Work Environment Claims Sufficiently Alleged Against Institute for the Brain
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In Ward v. Cohen Media Publications LLC et al, Case No. 1:22-cv-06431 (JLR), 2023 WL 5353342 (S.D.N.Y. August 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of sex- and religion-based discrimination. As to her claims of sex discrimination, the court explained: Turning first to her claims for sex discrimination, Plaintiff…

Read More Sex Discrimination Claims Sufficiently Alleged Against Cohen Media Publications, Court Holds
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In Mack v. J.M. Smuckers Co., No. 22-3195, 2023 WL 5217705 (10th Cir. August 15, 2023), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s race-based hostile work environment claim. Disturbingly, this case involves the alleged use of a vile racial slur. However, this case illustrates that the mere use of the “n-word”…

Read More N-Word Utterance Insufficient to Give Rise to Hostile Work Environment Claim, 10th Circuit Holds
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In Emanuel v. Gap, Inc. et al, 2023 WL 5211007 (S.D.N.Y. August 14, 2023), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiffs’ race discrimination claims. In sum, plaintiffs argue that they were terminated for engaging in alleged misconduct (modifying employee timecards) while a caucasian employee (Kolibabek) suffered only a reprimand.…

Read More Race-Based Discrimination Claims Survive Summary Judgment; Allegations Included Disparate Discipline
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In Blumstein-Torrella v. New York City Department of Education et al, 19-cv-3492 (ALC), 2023 WL 5097873 (S.D.N.Y. August 9, 2023), the court, inter alia, dismissed plaintiff’s claims for religious discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Religious Discrimination Claims Dismissed Against the NYC Department of Education
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