Employment Discrimination

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In Miller v. Longs Drugs d/b/a CVS Health, 2:22-cv-01150-JAD-VCF, 2022 WL 17721205 (D. Nev. Dec. 15, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964. From the decision: Miller alleges that the CVS Health discriminated against her based on her race. To…

Read More Race Discrimination Claim Sufficiently Alleged Against CVS Health, Court Holds
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In Garrison v. American Sugar Refining, Inc. et al, 21 CV 10917 (VB), 2022 WL 17850891 (S.D.N.Y. Dec. 22, 2022), the court held that plaintiff sufficiently alleged a race-based hostile work environment claim against defendants under the New York State Human Rights Law, but not under federal law (Title VII of the Civil Rights Act…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Under State, But Not Federal, Law
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In Qorrolli v. Metropolitan Dental Associates, D.D.S. – 225 Broadway, P.C. et al, 18-cv-6836 (DLC), 2022 WL 17689836 (S.D.N.Y. Dec. 15, 2022), the court granted the defendant’s motion for a new trial, primarily on the ground that the jury’s verdict was primarily based on hearsay (which, as one legal scholar has noted, is a “kind”…

Read More Citing Introduction of Hearsay, Court Orders New Trial in Sexual Harassment Case
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In Rinaldi v. Paul Mills, NICE, Christine Bonamarte, NICE Systems, Inc., NICE-Actimize, Richard Malish, Barak Eilam et al, 2022 WL 17480081 (2d Cir. Dec. 7, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. From the decision: Here, the parties do not dispute that Rinaldi established…

Read More Age Discrimination Claims Properly Dismissed; Comments re Not “Fitting In” and “Catching On” Insufficient
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A recent decision, Ramroop v. Communications Workers of America Local 1182, No. 157047/2019, 2022 WL 17574009 (N.Y. Sup Ct, New York County Dec. 08, 2022), illustrates how to impute liability for a sexually hostile work environment claim against a defendant – in this case, a union. From the decision: Local 1182 argues that a claim…

Read More Hostile Work Environment Sexual Harassment Claims Proceed Against Union
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In Torres v. Gulf Coast Jacks, Inc., No. 4:21-CV-00019, 2022 WL 7579036 (S.D.Tex. Oct. 13, 2022), the court, inter alia, held that plaintiff sufficiently pleaded a claim for race discrimination under Title VII of the Civil Rights Act of 1964. From the decision: A complaint attacked by a Rule 12(b)(6) motion to dismiss does not…

Read More Title VII Race Discrimination Sufficiently Pled; Allegations Included Threat to Call Immigration Authorities
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In D’Anzieri v. Harrison Global LLC et al, 21-CV-8506 (VEC), 2022 WL 17404254 (S.D.N.Y. Dec. 2, 2022), the court denied defendants’ motion to dismiss plaintiff’s discrimination and retaliation claims, asserted under the New York State and City Human Rights Laws, on the basis of those statutes’ geographic reach. From the decision: The NYCHRL and NYSHRL…

Read More Sex, Age Discrimination Claims Survive Dismissal; Alleged Conduct Was Sufficiently Tied to New York
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In Christian v. The Dept. of Educ. of the City of New York, No. 158793/2021, 2022 WL 17177577 (N.Y. Sup Ct, New York County Nov. 23, 2022), the court denied defendant’s motion to dismiss plaintiff’s race discrimination claims under the New York State and City Human Rights Laws. From the decision: That branch of defendants’…

Read More NYC Teacher’s Race Discrimination Claims Sufficiently Alleged
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In Estevez et al v. Berkeley College et al, 2022 WL 17177971 (S.D.N.Y. Nov. 23, 2022), the court denied defendant’s motion for Rule 11 sanctions, but chastised plaintiff’s counsel for what it perceived as an attempt to mislead the court. Federal Rule of Civil Procedure 11 provides, in part, that an attorney presenting a pleading,…

Read More Court Admonishes Lawyer for Perceived Misrepresentations in Connection With Retaliation Claim
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