Employment Discrimination

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In Gentile v. Touro Law Center, 21-CV-1345 (JS)(ARL), 2024 WL 1719608 (E.D.N.Y. April 22, 2024), the court, inter alia, denied defendant’s motion for reconsideration of its decision to deny defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). The court explained the procedural history (forming the…

Read More Age Discrimination Sufficiently Alleged; Motion for Reconsideration Denied
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In Rosen v. Zionist Org. of Am., 2024 NY Slip Op 01770 (App. Div. 1 Dept. March 28, 2024), the Appellate Division, First Department, inter alia, affirmed a lower court’s decision to dismiss plaintiff’s retaliation claim asserted under New Jersey law. From the decision: Plaintiff fails to allege that he worked in New Jersey, as…

Read More NY Appellate Division, First Department Affirms Dismissal of NJLAD Claim, Citing Lack of NJ Nexus
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In Muldrow v. City of St. Louis, Missouri, 2024 WL 1642826 (U.S. April 17, 2024), the U.S. Supreme Court (in an opinion authored by Justice Kagan) held that, in the context of a claim of discrimination in a form of a transfer (here, because of the plaintiff’s sex) in violation of Title VII of the…

Read More U.S. Supreme Court Clarifies Standard For Title VII Discriminatory Transfer Claims
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In Mayorga v. Diet Center LLC d/b/a Heart Attack Grill, 2024 WL 1574362 (9th Cir. April 11, 2024), the court affirmed the lower court’s award of summary judgment on plaintiff’s employment discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Even though the First Amended Complaint (“FAC”) alleges…

Read More Title VII Hostile Work Environment and Constructive Discharge Claims Properly Dismissed, Ninth Circuit Holds
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In Argoti v. Equinox Holdings, Inc., No. 152903/2019, 2024 WL 1599371 (N.Y. Sup Ct, New York County Apr. 10, 2024), the court, inter alia, denied defendant’s motion for summary judgment seeking dismissal of plaintiff’s claim of discrimination based on plaintiff’s disability and domestic violence status asserted under the New York City Human Rights Law. From…

Read More Domestic Violence Victim Status Discrimination Claim Against Equinox Survives Summary Judgment
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In Gordon-Mallett v. Mount Sinai Hospitals Group, Inc. et al, 22-cv-1159 (LJL), 2024 WL 1513910 (S.D.N.Y. April 8, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims asserted under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. As to…

Read More Sex, Race-Based Hostile Work Environment Claims Against Mt. Sinai Survive Summary Judgment
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In Floyd v. New York Public Radio, 23-cv-1096 (ALC), 2024 WL 1407058 (S.D.N.Y. April 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of Pay Inequality under New York Labor Law § 194. The court summarized the black-letter law as follows: To establish an equal pay violation of the New York…

Read More Radio Host Jami Floyd’s Pay Discrimination Claim Under NY Labor Law 194 Survives Dismissal
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In Floyd v. New York Public Radio, 23-cv-1096 (ALC), 2024 WL 1407058 (S.D.N.Y. April 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race discrimination asserted under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. After summarizing the relevant…

Read More Radio Host Jami Floyd’s Race Discrimination Survives Motion to Dismiss
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In Mays v. Powder Coating Plus, Inc., 2024 WL 894948 (D.Nev. Feb. 29, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff does not allege any subjection to sexual conduct that was linked to…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed, Absent Further Details of Alleged Harassment
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