Employment Discrimination

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In Ashley Newbury v. City of Niagara Falls, No. 23-7976-cv, 2025 WL 323340 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s summary judgment dismissal of plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Superintendent DalPorto is…

Read More Hostile Work Environment Dismissal Affirmed; “Piece of Shit” Comment Insufficient
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In Ciotti v. City of New York et al, 23 Civ. 10279 (ER), 2025 WL 308022 (S.D.N.Y. January 27, 2025), 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 the Americans with Disabilities Act. After summarizing the black-letter…

Read More Sex- and Disability-Based Hostile work Environment Claims Sufficiently Alleged
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In Bhuiyan v. Department of Treasury, 2025 WL 79634 (S.D.Ohio Jan. 13, 2025), the court adopted a Magistrate Judge’s Report & Recommendation granting defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: “Sexual harassment that results in a ‘hostile…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed, Buttcrack Exposure Notwithstanding
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In Quiles-Carrasquillo v. Louis DeJoy, Postmaster General of the U.S. Postal Service, Civil No. 23-1468 (FAB), 2025 WL 25672 (D.Puerto Rico Jan. 3, 2025), the court, inter alia, adopted a Magistrate Judge’s Report & Recommendation recommending the denial of defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim pursuant to Title VII of the…

Read More Hostile Work Environment Claim Sufficiently Alleged; Verbal Threats Were Sufficiently “Severe”
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In Ajala v. Limani 51, LLC, No. 153433/2023, 2024 WL 5169823 (N.Y. Sup Ct, New York County Dec. 17, 2024), the court held that plaintiff sufficiently alleged a hostile work environment claims under the New York State and City Human Rights Laws. From the decision: A racially hostile work environment exists when the workplace is…

Read More Hostile Work Environment Claim Survives Dismissal; Court Cites Sex and Race-Based Comments
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In Brooks v. Liberty Mutual Insurance Co., 2024 WL 5186527 (S.D.N.Y. Dec. 20, 2024), an employment discrimination/hostile work environment case, the court dismissed plaintiff’s third amended complaint (TAC). Interestingly, the court did not address the merits, but rather focused on the procedural requirements for such a complaint: Rule 8(a)(2) of the Federal Rules of Civil…

Read More 100+ Page Hostile Work Environment Complaint Dismissed as Being Neither “Short Nor Plain”
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In Yerdon v. New York State Department of Motor Vehicles, 20 F.4th 1150 (2d Cir. 2024), the U.S. Court of Appeals for the Second Circuit held that the Eleventh Amendment barred plaintiff’s claim of disability discrimination unser the Americans with Disabilities Act (ADA). From the decision: Because Congress did not identify a history and pattern…

Read More Eleventh Amendment Bars ADA Disability Discrimination Claim Against NY DMV, Second Circuit Holds
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In Goldzweig v. Consolidated Edison Company of New York, Inc., 2024 WL 5056350 (S.D.N.Y. Dec. 10, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of gender discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…

Read More Sex Discrimination Claims Dismissed Against Con Edison
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In Bennett v. State, No. 152438/2023, 2024 WL 4896499 (N.Y. Sup Ct, New York County Nov. 21, 2024), the court denied plaintiff’s motion for partial summary judgment against defendant on plaintiff’s claims of sexual harassment and retaliation. This decision illustrates the general principle that courts are reluctant to grant summary judgment at a stage in…

Read More Cuomo Sexual Harassment Plaintiff’s Motion for Summary Judgment Denied
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In Ancrum v. New York City Department of Environmental Protection, 2024 WL 5009145 (S.D.N.Y. Dec. 6, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: For Title VII purposes, a workplace is actionably hostile when it…

Read More Title VII Sexual Harassment Claim Dismissed; Comments, While “Despicable” and “Offensive”, Held Not Actionable
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