In Spivey v. Mohawk ESV, Inc., 2023 WL 3918674 (4th Cir. June 9, 2023), the U.S. Court of Appeals for the Fourth Circuit affirmed the summary judgment dismissal of plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). After summarizing the “black letter” law, the court applied it to the…
Read More Age Discrimination Dismissal Affirmed by the Fourth CircuitIn Walker-Jackson v. Smith’s Food and Drug Centers, Inc., Case No. 2:21-cv-2066-ART-BNW, 2023 WL 3620552 (D.Nev. May 23, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. As to the issue of whether the alleged harassment was sufficiently “severe or pervasive,” the court applied the…
Read More Sexual Harassment Case, Based on Allegations Including Sexual Innuendo and Nonconsensual Touching, Survives Summary JudgmentIn Ortiz v. Equinox Holdings, Inc., No. 161353/2018, 2023 WL 3949469 (N.Y. Sup Ct, New York County June 12, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment under the New York City Human Rights Law. In this case, plaintiff alleged that her co-worker (Larson) made inappropriate…
Read More “Sleeping With Boss” Remark Among Evidence Warranting Denial of City Law Discrimination ClaimIn Amy Cooper v. Franklin Templeton Investments, 2023 WL 3882977, (2d Cir. June 8, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of employment discrimination claims asserted by Amy Cooper – yes, that Amy Cooper. – against her employer. From the decision: We agree with the district court that Plaintiff…
Read More Amy Cooper’s Employment Discrimination Claims Properly Dismissed, Second Circuit HoldsIn Almasri v. City of New York – N.Y.C. Dept. of Educ., No. 155062/2021, 2023 WL 3819099 (N.Y. Sup Ct, New York County June 05, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s employment discrimination claims. From the decision: The Court now turns to the branch of DOE’s motion, pursuant to CPLR…
Read More Arabic/Middle Eastern-Based Discrimination Claims Survive DismissalIn Sharp v. S&S Activewear, L.L.C., 2023 WL 3857491 (9th Cir. June 7, 2023), the court vacated a lower court’s dismissal of plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964 based on “music with sexually derogatory and violent content, played constantly and publicly throughout the…
Read More Sexually Demeaning, Violent Music Could Give Rise to Actionable Hostile Work Environment, Even if “Equally Offensive” to Men & WomenIn Longhorn v. Oregon Department of Corrections, Civ. No. 6:21-cv-01267-MC, 2023 WL 3602780 (D.Or. May 23, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. After summarizing the black letter law applicable to this claim, the court applied it to the facts, as follows: Plaintiff contends that…
Read More Sexual Harassment, Based on Alleged Misogynistic Language and Sexual Rumors, Survives Summary JudgmentIn Parms v. Morgan Truck Body, LLC, Case No. 5:22-cv-2095, 2023 WL 3763578 (N.D. Ohio June 1, 2023), the court held that plaintiff’s EEOC charge sufficiently set forth a claim of sexual harassment and, thus, that that claim was administratively exhausted. The court explained: Generally, a plaintiff cannot bring claims in a lawsuit that were…
Read More Sexual Harassment Claim Administratively Exhausted at the EEOC, Court RulesIn Yu et al v. Shanghai Dumpling, Inc. et al, 2023 WL 3728347 (S.D.N.Y. May 30, 2023), the court, inter alia, granted plaintiff’s motion for default judgment on plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act. From the decision: Plaintiff’s first cause of action asserts a claim for employment discrimination…
Read More Age Discrimination (Termination) Claim Sufficiently Alleged Against Shanghai Dumpling; Default Judgment AwardedIn Pisano v. Reynolds, No. 653347/2022, 2023 WL 3601527, 2023 N.Y. Slip Op. 31741(U) (N.Y. Sup Ct, New York County May 23, 2023), the court, inter alia, held that New York Labor Law § 740 – New York’s “whistleblower” statute – did not apply retroactively. Notably, the New York legislature recently broadened this statute to…
Read More Court: NY Labor Law § 740 Not Applied Retroactively; Events Forming Basis For Claims Preceded Statute’s Substantial Expansion