Employment Discrimination

In Schussler v. The Dept. of Educ. of the City of New York, No. 154316/2017, 2024 WL 3203264 (N.Y. Sup Ct, New York County June 27, 2024) denied defendant’s motion for summary judgment on plaintiff’s claim of religion-based discrimination under the New York City Human Rights Law. Initially, the court determined that defendants made a…

Read More Religion-Based (Jewish) Discrimination Claim Against NYC Dept. of Education Survives Summary Judgment
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In Eustache v Board of Education of City School District of City of New York, No. 153619/19, 2022-01128, 998, 211 N.Y.S.3d 71, 2024 N.Y. Slip Op. 03228, 2024 WL 2964264 (N.Y.A.D. 1 Dept., June 13, 2024), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under the New York State and City Human…

Read More Alleged Racial Comments, in Context of Sexual Harassment, Signaled Discriminatory Views on Race in Workplace, Court Holds
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In Huntley v. City of New York, No. 151697/2023, 2024 WL 3070013 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claims asserted under the New York State and City Human Rights Laws. From the decision: The court further finds that Plaintiff has…

Read More NYPD Lieutenant Sufficiently Alleges Constructive Discharge, Court Holds
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In Huntley v. City of New York, No. 151697/2023, 2024 WL 3070013 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based discrimination and hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Here, Plaintiff pleads…

Read More NYPD Lieutenant Sufficiently Alleges Gender Discrimination
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In Lopez v. Trahan, No. 155637/2020, 2024 WL 3070014 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of intentional infliction of emotional distress. From the decision: To establish a claim for intentional infliction of emotional distress, a Plaintiff must show (1) extreme and…

Read More Intentional Infliction of Emotional Distress Claim Survives Summary Judgment; Court Cites Allegations of Derogatory Comments and Physical Abuse
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In Lopez v. Trahan, No. 155637/2020, 2024 WL 3070014 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of employment discrimination – based on age and race – asserted under the New York State and City Human Rights Laws. From the decision:…

Read More Age, Race Discrimination Claims Survive Summary Judgment; Court Cites Derogatory Comments About Age, Accent
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In Riggins v. Town of Berlin, 2024 WL 2972896 (2d Cir. June 13, 2024), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s summary judgment dismissing plaintiff’s complaint alleging a hostile work environment sexual harassment. In this case, in sum, plaintiff alleges, among other things, that her employer (the Town of…

Read More Hostile Work Environment Sexual Harassment Claim Resurrected From Summary Judgment as to Insufficiency of Employer’s Response to Alleged Harassment
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In Thompson v. The City of New York, No. 525109/2022, 2024 WL 2941866 (N.Y. Sup Ct, Kings County June 11, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discrimination claims asserted under the New York State and City Human Rights Laws. (The court also held that plaintiff sufficiently pleaded a hostile…

Read More Race-Based Discrimination Claims, Based on Alleged Disparate Discipline, Sufficiently Alleged Under the NYS and NYC Human Rights Laws
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In Thompson v. The City of New York, No. 525109/2022, 2024 WL 2941866 (N.Y. Sup Ct, Kings County June 11, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under the New York City Human Rights Law. While the court held that plaintiff did not sufficiently allege a hostile…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law
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In Savage v. Township of Neptune, 313 A.3d 65, 257 N.J. 204 (N.J. May 7, 2024), the New Jersey Supreme Court held that under the New Jersey Law Against Discrimination (LAD), the non-disparagement provision at issue was unenforceable against public policy. From the decision: In this appeal, we consider whether a “non-disparagement provision” in a…

Read More NJ Supreme Court Holds “Non-Disparagement” Provision in Employment Discrimination Agreement Was Unenforceable as Against Public Policy
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