Employment Discrimination

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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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In Ares v. Aerotek, Inc. et al, 2023 WL 1980484 (W.D.Tex. Feb. 13, 2023), the court, inter alia, denied defendant’s motion for judgment as a matter of law on plaintiff’s co-worker sexual harassment claim following a jury verdict in her favor. The court held, specifically, that there was sufficient evidence introduced at trial to support…

Read More Title VII Co-Worker Sexual Harassment Verdict Stands; Evidence Indicated Employer Knew or Should Have Known of the Harassment and Failed to Take Prompt Remedial Action
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In a recent case, Pitter-Green v. NYU Langone Medical Center, No. 155386/2021, 2022 WL 17751149, 2022 N.Y. Slip Op. 34276(U) (N.Y. Sup Ct, New York County Dec. 16, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s race-based discriminatory discharge claims. It did, however, reject defendant’s attempt to invoke the so-called “same-actor inference”…

Read More “Same Actor Inference” Held Inapplicable, Yet Race Discrimination Claims Dismissed Against NYU Langone
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In New York State Division of Human Rights v. Boro Park Senior Living Community, LLC, No. 2020-06565, 522888/19, 2023 N.Y. Slip Op. 00425, 2023 WL 1425578 (N.Y.A.D. 2 Dept., Feb. 01, 2023), the court, inter alia, confirmed the determination of the New York State Division of Human Rights awarding the complainant damages arising from discrimination…

Read More Pregnancy Discrimination Award Confirmed Against Boro Park Senior Living Community LLC
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In Ortiz v. Federal Bureau of Prisons et al, 2023 WL 1447920 (E.D.Cal. Feb. 1, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law governing this claim, the court applied it…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Yelling, Glaring, Etc. Insufficient
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In Skinner v. American Pollution Control Corp, 2023 WL 186950 (W.D.La. Jan. 13, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. This case involves repeated use of the “N word” in the presence of plaintiff, an African American man. From the decision: AMPOL also argues…

Read More Race-Based Hostile Work Environment Claim, Based on Survives Summary Judgment
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In Syeed v. Bloomberg L.P., 2023 WL 350565 (2d Cir. Jan. 23, 2023), the court addressed, and certified to the New York Court of Appeals, the following question: Whether a nonresident plaintiff not yet employed in New York City or State satisfies the NYCHRL or NYSHRL impact requirement if the plaintiff pleads and later proves…

Read More Second Circuit Certifies Question of Geographic Applicability of NYS and NYC Human Rights Laws to NY Court of Appeals
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