Employment Discrimination

In Abubakar v. Walmart, Inc., Case No. 21-cv-06248, 2022 WL 14632902 (N.D.Ill. Oct. 25, 2022), the court granted defendant’s motion to dismiss plaintiff’s claims of discrimination based on color, age, national origin, religion, and race. From the decision: Walmart contends that Abubakar failed to state facially plausible claims for discrimination based on color, age, national…

Read More Discrimination Claims Dismissed Against Walmart; Alleged Translation Requests Etc. Deemed Insufficient
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In a recent case, Martino v. Chenel Capital, LLC et al, No. 154267/2022, 2022 WL 16743358 (N.Y. Sup Ct, New York County Nov. 02, 2022), the court granted plaintiff’s motion for a default judgment against defendants. This decision provides some insight into the nuts-and-bolts of obtaining a default judgment, following the defendants’ failure to answer…

Read More Sexual Harassment Default Judgment Issued; Liability and Damages to be Determined at Inquest
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In Conahan v. Medquest Ltd., et al, 20-cv-1325 (LJL), 2022 WL 16748585 (S.D.N.Y. Nov. 7, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of age discrimination asserted under the New York State and City Human Rights Laws. From the decision: The Second Circuit has stated that stray-age related remarks…

Read More Age Discrimination Claim, Based on Pre-Termination Age-Related Remarks, Survives Summary Judgment
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In Wells-Marshall v. Auburn University et al, 2022 WL 16701108 (M.D.Ala. 2022), the court dismissed plaintiff’s race-based hostile work environment claim. From the decision: Wells-Marshall avers that, over the course of several months, she inherited a “sinking ship” of a department, she was verbally berated by a subordinate who she wanted to reprimand but who…

Read More Race-Based Hostile Work Environment Claim Dismissed Against Auburn University
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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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