Employment Discrimination

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In Sicola v Cushman & Wakefield, No. 160229/15, 16600, 2021-03378, 2022 N.Y. Slip Op. 06185, 2022 WL 16640723, at *2 (N.Y.A.D. 1 Dept., Nov. 03, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim asserted under California law (specifically, California’s Fair Employment and Housing Act, or FEHA). From the decision: To make out…

Read More Age Discrimination Dismissal Affirmed; “Old School” and Other Comments Held Insufficient
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In Truitt v. Salisbury Bank and Trust Company, 2022 WL 14995367 (2d Cir. Oct. 27, 2022), the U.S. Court of Appeals vacated a lower court order that granted defendant summary judgment on plaintiff’s claim that defendant discriminated against him for engaging in “political activities” in violation of New York Labor Law § 201-d. In this case,…

Read More Second Circuit Vacates Dismissal of NY Labor Law § 201-d “Political Activities” Discrimination Claim
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In Qin v. Vertex, Inc., No. 20-2423-JMY2022 WL 10493574 (E.D.Pa. Oct. 18, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: In this case, Plaintiff’s showing of a hostile work…

Read More Hostile Work Environment Claims, Based on Comments Embodying “Tropes” of Plaintiff’s Status as a Chinese Man, Dismissed
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In Wetzel v. Systra USA Inc., No. 151707/2022, 2022 WL 16574840 (N.Y. Sup Ct, N.Y. Cty. Nov. 01, 2022), the court dismissed plaintiff’s age discrimination claims asserted under the New York State and City Human Rights Laws. After holding that plaintiff failed to state a claim under the New York State Human Rights Law, court…

Read More Age Discrimination Claims Dismissed; Younger Workers Also Suffered Detriment
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In Blanchard v. Tulane University, Civil Action No. 22-260, 2022 WL 13733195 (E.D.La. Oct. 21, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Here is the court’s analysis of that issue: Defendant…

Read More Race-Based Harassment/Hostile Work Environment Survives Motion to Dismiss Against Tulane University
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In Blanchard v. Tulane University, Civil Action No. 22-260, 2022 WL 13733195 (E.D.La. Oct. 21, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This aspect of the decision concerns Title VII’s “administrative exhaustion” requirement, which, in sum, requires an…

Read More Retaliation Claim, Arising Out of EEOC Charge, Survives Dismissal
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In Lintenich v. PFTN Columbia, LLC d/b/a Planet Fitness, Case No. 1:21-cv-00036, 2022 WL 14812633 (M.D.Tenn. October 25, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment. The evidence included the following messages sent to plaintiff (the last of which was a voice message):…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment Against Gym; Evidence Included Sexual Text and Voice Messages
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In Leroy v. Delta Air Lines, 2022 WL 12144507 (2d Cir. Oct. 21, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s retaliation claim asserted under the New York City Human Rights Law. In sum, plaintiff alleges that, while working as a flight attendant for Delta, she was subjected to drug testing, wrongfully suspended,…

Read More Flight Attendant’s Retaliation Claim, Based on Airline’s Report of Racist Remark By Passenger, Properly Dismissed
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In Aykac v. City of New York, No. 805009/2022, 2022 WL 11926504 (N.Y. Sup Ct, New York County Oct. 20, 2022), the court, inter alia, dismissed plaintiff’s disability-based discrimination and hostile work environment claims. As to plaintiff’s hostile work environment claim, the court explained: With respect to the plaintiff’s contention that he was subjected to…

Read More Disability-Based Hostile Work Environment Claim Dismissed; “Fat”, “Malingerer” Comments Insufficient
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In Edelman v. NYU Langone Health System, 21 Civ. 502 (LGS), 2022 WL 4537972 (S.D.N.Y. Sept. 28, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of sex-based discrimination asserted under the New York City Human Rights Law. From the decision: Summary judgment is denied on one branch of Plaintiff’s…

Read More City Law Sex Discrimination Claim, Based on Alleged Sexist Remarks Including Being Told to “Smile More”, Survives Summary Judgment
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