In Huntley v. City of New York, No. 151697/2023, 2024 WL 3070013 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claims asserted under the New York State and City Human Rights Laws. From the decision: The court further finds that Plaintiff has…
Read More NYPD Lieutenant Sufficiently Alleges Constructive Discharge, Court HoldsIn Huntley v. City of New York, No. 151697/2023, 2024 WL 3070013 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based discrimination and hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Here, Plaintiff pleads…
Read More NYPD Lieutenant Sufficiently Alleges Gender DiscriminationIn Lopez v. Trahan, No. 155637/2020, 2024 WL 3070014 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of intentional infliction of emotional distress. From the decision: To establish a claim for intentional infliction of emotional distress, a Plaintiff must show (1) extreme and…
Read More Intentional Infliction of Emotional Distress Claim Survives Summary Judgment; Court Cites Allegations of Derogatory Comments and Physical AbuseIn Lopez v. Trahan, No. 155637/2020, 2024 WL 3070014 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of employment discrimination – based on age and race – asserted under the New York State and City Human Rights Laws. From the decision:…
Read More Age, Race Discrimination Claims Survive Summary Judgment; Court Cites Derogatory Comments About Age, AccentIn Riggins v. Town of Berlin, 2024 WL 2972896 (2d Cir. June 13, 2024), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s summary judgment dismissing plaintiff’s complaint alleging a hostile work environment sexual harassment. In this case, in sum, plaintiff alleges, among other things, that her employer (the Town of…
Read More Hostile Work Environment Sexual Harassment Claim Resurrected From Summary Judgment as to Insufficiency of Employer’s Response to Alleged HarassmentIn Thompson v. The City of New York, No. 525109/2022, 2024 WL 2941866 (N.Y. Sup Ct, Kings County June 11, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discrimination claims asserted under the New York State and City Human Rights Laws. (The court also held that plaintiff sufficiently pleaded a hostile…
Read More Race-Based Discrimination Claims, Based on Alleged Disparate Discipline, Sufficiently Alleged Under the NYS and NYC Human Rights LawsIn Thompson v. The City of New York, No. 525109/2022, 2024 WL 2941866 (N.Y. Sup Ct, Kings County June 11, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under the New York City Human Rights Law. While the court held that plaintiff did not sufficiently allege a hostile…
Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights LawIn Savage v. Township of Neptune, 313 A.3d 65, 257 N.J. 204 (N.J. May 7, 2024), the New Jersey Supreme Court held that under the New Jersey Law Against Discrimination (LAD), the non-disparagement provision at issue was unenforceable against public policy. From the decision: In this appeal, we consider whether a “non-disparagement provision” in a…
Read More NJ Supreme Court Holds “Non-Disparagement” Provision in Employment Discrimination Agreement Was Unenforceable as Against Public PolicyIn Ramos v. Envoy Air Inc., Civil Action No. 3:23-CV-2276-X, 2024 WL 2754055 (N.D.Tex. May 29, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of religious discrimination under Title VII of the Civil Rights Act of 1964. From the decision: [Title VII] defines religion broadly to include all aspects of religious…
Read More Seventh Day Adventist Sufficiently Alleges Title VII Religious Discrimination ClaimIn Anderson, Keesha v. Amazon.com, Inc. et al, 23-cv-8347, 2024 WL 2801986 (S.D.N.Y. May 31, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race discrimination/hostile work environment under the New York State and City Human Rights Laws. From the decision: The NYCHRL does not distinguish between claims of ‘discrimination’ and…
Read More Race Discrimination Claims Sufficiently Alleged Against Amazon, Court Finds