Employment Discrimination

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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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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 retaliation asserted under Title VII of the Civil Rights Act of 1964. In reaching its decision, the court applied the well-established McDonnell Douglas burden-shifting analysis…

Read More Retaliation Claim, Arising From Complaint About Sex Discrimination, Survives Summary Judgment Against NYU Langone Health System
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In Harding v. Dorilton Capital Advisors LLC et al, No. 22 Civ 01726 (CM), 2022 WL 10650256 (S.D.N.Y. Oct. 18, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: Plaintiff alleges that Mathew [his direct supervisor] engaged in conduct that was not facially neutral because…

Read More Race-Based Hostile Work Environment Claim, Based on Contentions of Negative Treatment Relative to White Teammates, Sufficiently Alleged
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In Butler v. Ford Motor Company, 2022 WL 4448724 (N.D.Ill. Sept. 23, 2022), the court dismissed plaintiff’s hostile work environment sexual harassment claim. In sum, plaintiff alleges that her co-worker yelled in her face, “You bitches on this line be tweaking!”. This decision teaches that not every utterance of an offensive, sex-based term will give…

Read More Sexual Harassment Claim Dismissed; Co-Worker’s One-Time Use of “Offensive and Odious” Term “Bitches” Deemed Insufficient by Court
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