In Matter of Martinez v City of New York, 2022 NY Slip Op 04096 (NY App. Div. 1 Dept. June 23, 2022), the court unanimously (yet tersely) affirmed the dismissal of plaintiff’s claims of employment discrimination. From the decision: Petitioner failed to show by competent proof that ACS terminated his employment in bad faith, or…
Read More ACS’ Employee’s Discrimination Claims’ Dismissal AffirmedIn Park v. Kurtosys Sys., Inc., 2022 NY Slip Op 04129 (N.Y. App. Div. 1st Dept. June 28, 2022), the court unanimously affirmed the lower court’s (Judge Kotler) order granting defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging discrimination and retaliation under the New York State and City Human Rights Laws. From the decision:…
Read More Gender Discrimination Dismissal Affirmed; Court Held That Poor Performance Was a Legitimate, Nondiscriminatory, Non-Pretextual Reason for TerminationIn Del Villar v. Hyatt Hotel Corporation et al., 19-CV-10891 (JMF), 2022 WL 2316205 (S.D.N.Y. June 28, 2022), the court granted Hyatt’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New…
Read More Hostile Work Environment Sexual Harassment Claim Dismissed Against Hyatt Hotel CorporationIn Morales v. Supreme Maintenance Inc. et al, No. 1:21-cv-01044-KWR-JHR, 2022 WL 2290605 (D.N.M. June 24, 2022), the court denied defendant’s motion to dismiss plaintiff’s sexual harassment and retaliation claims. As to plaintiff’s retaliation claim, the court explained: Here, Plaintiff alleges that she engaged in protected activity by opposing sexual harassment by an employee at…
Read More Sexual Harassment, Retaliation Claims Survive Dismissal; Complaint Alleged Harassment by Non-EmployeeIn Roberts v. Tim Dahle Imports, Inc., 2022 WL 1773036 (D.Utah June 1, 2022), an employment discrimination case, the court granted defendant’s motion in limine to exclude evidence in the form of an EEOC Consent Decree. From the decision: Plaintiff offers the 2009 consent decree for a proper purpose to prove intent and motive to…
Read More EEOC Consent Decree Excluded From EvidenceIn Louis v. Window Rock Unified School District, No. CV-20-08193-PCT-DJH, 2022 WL 2132239 (D.Ariz. June 14, 2022), the court, inter alia, dismissed plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s claims arose from text messages exchanged between her and a non-party (the School…
Read More Text Message-Based Hostile Work Environment Sexual Harassment Claim DismissedIn Pattanayak v. Mastercard Inc., 21 Civ. 2657 (GBD), 2022 WL 2003317 (S.D.N.Y. June 6, 2022), the court, inter alia, denied plaintiff’s request to amend his complaint to bolster his hostile work environment claim, finding that claim futile. From the decision: A plaintiff alleging a hostile work environment claim must demonstrate that his workplace was…
Read More Court Denies Leave to Amend Hostile Work Environment Claim; Alleged Excessive Workload Etc. InsufficientIn Pachura v. Lloyd J. Austin, III, Secretary, Department of Defense, 6:21-CV-0316 (LEK/ATB), 2022 WL 1909546 (N.D.N.Y. June 3, 2022), the court denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations, in sum, as follows: Between…
Read More Sexual Harassment Claim Survives Dismissal; Allegations Included Harassment by Facebook MessengerIn 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 Stage