In Gamble v. Fieldston Lodge Nursing and Rehabilitation Center et al, No. 20-CV-10388-LTS, 2022 WL 1778488 (S.D.N.Y. June 1, 2022), the court granted defendant’s motion, for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), on plaintiff’s claim of sexual orientation discrimination in violation of Title VII of the Civil Rights Act of…
Read More Sexual Orientation-Based Hostile Work Environment Claim DismissedIn Douglas v. Cruise Yacht Op. Co. Ltd. et al, 2022 WL 1719312 (S.D.Fla. May 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged a disparate treatment race discrimination claim. From the decision: According to the United States Supreme Court, “ ‘[d]isparate treatment’…is the most easily understood type of discrimination. The employer simply…
Read More Race Discrimination Claim Sufficiently Alleged; Discriminatory Motive Need Not Be Proven at the Pleading StageIn Logan v. Millstone Manor LLC et al, 20-14433 (MAS) (TJB), 2022 WL 1720172 (D.N.J. May 27, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. (The court also dismissed plaintiff’s “quid pro quo” sexual harassment claim.) From the decision: Viewing the evidence in a light most favorable to Logan, his…
Read More Hostile Work Environment Sexual Harassment Claim Dismissed; “High Bar” Not MetIn Grazette v. Manpower et al, 21-CV-4296 (LTS), 2022 WL 1556192 (S.D.N.Y. May 16, 2022), the court dismissed plaintiff’s employment discrimination claims as insufficiently alleged. From the decision: At the pleading stage in an employment discrimination action, “a plaintiff must plausibly allege that (1) the employer took adverse employment action against him, and (2) [a…
Read More Employment Discrimination Claims Insufficiently Alleged; Federally-Protected Class UnidentifiedIn Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of retaliatory discharge in violation of New York’s general whistleblowing statute, NY Labor Law § 740.…
Read More Whistleblower (NY Labor Law § 740) Claim, Arising From Discharge Following Complaint of PPE Price-Gouging, Survives DismissalIn Hunley v. DTLR Villa, Inc., 22-CV-6010L, 2022 WL 1447737 (W.D.N.Y. May 9, 2022), the court granted defendant’s motion to dismiss plaintiff’s discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. This case teaches that a plaintiff may not prevail on such a claim by merely alleging that (a)…
Read More Title VII Sex/Race-Based Discrimination, Retaliation Claims Dismissed; Link Between Protected Class(es) and Adverse Action Was LackingIn Turner v. Copeland Group USA Inc, 2022 WL 1508446 (S.D.Tex. May 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the relevant facts as follows: Plaintiffs Vanessa La Barrie and Celmira Turner…
Read More Race-Based Hostile Work Environment Claim, While Based on “Scant” Allegations, Survived DismissalIn Lewis v. Exelon Corp., et al., 21-cv-3299, 2022 WL 1556329 (D.D.C. May 17, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: According to Lewis, his supervisor’s behavior was “severe and pervasive,” Compl. ¶ 17, but this is a conclusory allegation that the Court need not take as true.…
Read More Disability (Asthma)-Based Hostile Work Environment Claim DismissedIn Rippstein v. Boeing Company, et al, 2022 WL 1522155 (D.Ariz. May 13, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant next argues that the three anonymous emails sent to Plaintiff’s…
Read More Title VII Hostile Work Environment Claim Survives Summary Judgment Against Boeing; Evidence Included Death ThreatsIn Haughton v. Ja-Co Foods, Inc. d/b/a Sonic Drive-Ins, No. 1:20-CV-241-SA-DAS, 2022 WL 1498107 (N.D. Miss. May 11, 2022), the court held that plaintiff presented sufficient evidence to survive summary judgment on plaintiff’s hostile work sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Generally, in order to make out…
Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Singing “Inappropriate Songs” and “Humping”