Employment Discrimination

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In Mikesh v. County of Ulster, 2025 N.Y. Slip Op. 01987, 2025 WL 993793 (N.Y.A.D. 3 Dept., Apr. 03, 2025), the New York Supreme Court, Appellate Division, Third Department reversed a lower court’s summary judgment dismissal of plaintiff’s sexual harassment claim under the New York State Human Rights Law (NYSHRL). From the decision: There is…

Read More Sexual Harassment Claim Resurrected From Summary Judgment Dismissal, 3d Department Rules
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In Franco v. City of New York et al, 19-CV-5905 (AMD) (CLP), 2025 WL 964014 (E.D.N.Y. March 31, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s discrimination (sexual harassment) claim asserted under the New York City Human Rights Law (NYCHRL). From the decision: The Second Circuit has held that under…

Read More Citing Evidence of Buttocks Grinding & Arm Caressing, Court Denies Motion for Summary Judgment on Sexual Harassment Claim
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In Brazzano v. Thompson Hine LLP et al, 24-CV-01420 (ALC)(KHP), 2025 WL 96311 (S.D.N.Y. March 31, 2025), the court, inter alia, denied the defendants’ motion to compel arbitration of plaintiff’s sexual harassment claim under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). Specifically, the court held that plaintiff plausibly…

Read More Sexual Harassment Claims Plausibly Alleged; Motion to Compel Arbitration Denied Under Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
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In Young v. Bessemer Trust Co., N.A, No. 154722/2020, 2025 WL 928439 (N.Y. Sup Ct, New York County Mar. 25, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race/national origin discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: The Court finds that…

Read More Race/National Origin Discrimination Claims Survive Summary Judgment; “Wuhan Restriction Zone” Sign Cited
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In Pierluissi v. City of New York, No. 153439/2023, 2025 WL 928908 (N.Y. Sup Ct, New York County Mar. 26, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claims under the New York State and City Human Rights Laws. From the decision: Both the NYSHRL and NYCHRL make it unlawful…

Read More Race Discrimination Claims Sufficiently Alleged; “Dumb Spic” Comments Supported Claim
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In Pierluissi v. City of New York, No. 153439/2023, 2025 WL 928908 (N.Y. Sup Ct, New York County Mar. 26, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race & national origin-based hostile work environment claims asserted under the New York State and City Human Rights Laws. In general, plaintiff alleges that defendants…

Read More Hostile Work Environment Claims, Based on Race & National Origin, Survive Dismissal
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In Harris v City of New York, No. 156195/2024, 2025 N.Y. Slip Op. 25067, 2025 WL 866041 (Sup Ct, Mar. 19, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of weight discrimination under the New York City Human Rights Law. In sum, plaintiff – after taking and passing a civil service…

Read More Court Considers the Pleading Standard For Weight Discrimination Under the NYC Human Rights Law
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In Hoffman v St. Bonaventure University, No. 24-00445, 866.1, 226 N.Y.S.3d 790, 2025 N.Y. Slip Op. 00763, 2025 WL 427098 (N.Y.A.D. 4 Dept., Feb. 07, 2025), the court reversed a lower court’s denial of defendant’s motion for summary judgment on plaintiff’s sex and religious beliefs. From the decision: Plaintiff commenced this employment discrimination action alleging…

Read More Sex/Religion Discrimination Failure-to-Hire Claims Dismissed
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In Shelton v. University Healthcare System, L.C., 2025 WL 816293 (E.D.La. March 14, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive on Title VII’s “severe or pervasive” standard for assessing such claims. From…

Read More Title VII Hostile Work Environment Claim Dismissed; Additional Workload Did Not Amount to “Severe or Pervasive” Harassment
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In Hayes v. G&E Real Estate Management Services d/b/a Newmark, 24-cv-01459 (ER), 2025 WL 769162 (S.D.N.Y. March 11, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. Plaintiff asserted that she suffered discrimination in the form of various “adverse employment actions” – including…

Read More Race Discrimination Claim Survives Dismissal; Under Muldrow Standard, Negative Performance Review Was an “Adverse Employment Action”
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