Employment Discrimination

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A recent case, Bady v. Illinois Central Railroad Company, No. 2:21-cv-2693-MSN-cgc, 2023 WL 2482229 (W.D.Tenn. March 13, 2023), illustrates the difficulties encountered by plaintiffs in attempting to plead and prove a hostile work environment claim. To wit: Drawing a chalk line down Plaintiff’s buttock without his knowledge or consent, posting a photo about it, and…

Read More Hostile Work Environment Claim Insufficiently Alleged; “Chalk Buttock Line” Insufficient
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In a recent case, Gerzhgorin v. Selfhelp Community Services, Inc. et al, 2023 WL 2469824 (2d Cir. March 13, 2023), the U.S. Court of Appeals, inter alia, affirmed the lower court’s dismissal of plaintiff’s religion-based religious discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human…

Read More Antisemitic Comments, Deemed “Facially Neutral” by Court, Fail to Make Out Religious Discrimination Claim
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In McKenzie v. Southern Nuclear Operating Company, 2023 WL 2403778 (S.D.Ga. March 8, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s race- and gender-based hostile work environment claims. From the decision: At most, there are only two allegations Plaintiff has made that can be connected in any way to her race or…

Read More Hostile Work Environment Claim Dismissed; Comment About Plaintiff’s Thighs, “Baby Daddy” Insufficient
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In Stein v. Town of Greenburgh et al, No. 21-CV-05673 (PMH), 2023 WL 2432574 (S.D.N.Y. March 8, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Here’s the core of court’s decision on that point: A claim…

Read More Title VII Sex-Based Hostile Work Environment Claim Survives Dismissal; “Continuing Violation” Doctrine Applied
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In Baez v. Amazon.com Services, LLC, 2023 WL 2390539 (E.D.N.Y. March 7, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s national origin-based hostile work environment claim. After summarizing the “black letter” law applicable to this claim, the court applied it to the facts, as follows: Here, Plaintiff alleges that ever since the…

Read More National Origin-Based Hostile Work Environment Dismissed Against Amazon
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In Grainger v. The City of New York, No. 158264/2019, 2023 WL 2307497 (N.Y. Sup Ct, New York County Feb. 27, 2023), the court denied defendant’s motion for summary judgment on on plaintiff’s (a lesbian woman) claims that she was subject to discrimination based on her sexual orientation. After summarizing the “black letter” law, the…

Read More Sexual Orientation Discrimination Claim Survives Summary Judgment Against the City of New York
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In Gonzalez v. Grove House Inc., No. 153665/2022, 2023 WL 1880165 (N.Y. Sup Ct, New York County Feb. 03, 2023), an employment discrimination case, the court granted plaintiff’s motion for a default judgment. From the decision: Plaintiff has satisfied CPLR 3215(f) by providing an affidavit executed by Plaintiff explaining the facts of her claim (NYSCEF…

Read More Default Judgment Granted in Employment Discrimination Case; Supporting Affidavit Executed in Spain
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In Biondolillo v. Livingston Correctional Facility et al, Case # 17-CV-6576-FPG, 2023 WL 2043827 (W.D.N.Y. Feb. 16, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy discrimination (termination) claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, while there is scarce evidence to suggest that…

Read More Pregnancy Discrimination Claim Survives Summary Judgment; Evidence Included “Demeaning” Remarks About Pregnancy Complications
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In Morgan v. Mylan Pharmaceuticals Inc., 2023 WL 2027101 (N.D.W.Va. Feb. 15, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. This case illustrates the relatively high bar facing plaintiffs asserting, e.g., sexual harassment claims under Title VII, and…

Read More Sexual Harassment Allegations, Based on Alleged Inappropriate Comments by Union Representatives, Dismissed
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In Hill v. Denis McDonough, Secretary United States Department of Veterans Affairs, 2023 WL 2061246 (W.D.Mo. Feb. 16, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. After summarizing the “black letter” law, the court applied it to the facts as follows: Here, the summary judgment record, viewed…

Read More Race-Based Hostile Work Environment Claim Dismissed; Reference to “These People” Notwithstanding
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