In Rivera v. The Fortune Soc., Inc., No. 150022/2023, 2024 WL 1532756 (N.Y. Sup Ct, New York County April 9, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the New York State and City Human Rights Law. From the decision: To state a prima facie case of…
Read More Hispanic Native American Man’s Discrimination Claims Survive DismissalIn Doyle v. American Glory Restaurant Corp. and Joseph Fiero, 23 Civ. 7624 (PAE), 2024 WL 1466161 (S.D.N.Y. April 4, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s first amended complaint (FAC) alleging a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York…
Read More Sex-Based Hostile Work Environment Claims Plausibly Alleged; Allegations Included Sexual Comments, Display of PornographyIn Stanley v. Elmer Phelon et al, 23-731-cv, 2024 WL 1453872 (2d Cir. April 4, 2024), the Second Circuit, inter alia, affirmed the lower court’s dismissal of plaintiff’s hostile work claim under the Rehabilitation Act. From the decision: Stanley argues that the district court erred by dismissing his hostile work environment claim under the Rehabilitation…
Read More Hostile Work Environment Claim Properly Dismissed, Absent Link Between Alleged Misconduct and Kidney DiseaseIn 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 HarassmentIn Herbowy-Hubalek v. Lithia of Yorkville-3, LLC et al, 6:21-CV-43 (FJS/MJK), 2024 WL 1329035 (N.D.N.Y. March 28, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. The court summarized the evidence supporting plaintiff’s…
Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Touching, Looking Down Shirt, Grabbing Own PenisIn Goldberg v. Bespoke Real Estate LLC, et al, 23-CV-5614 (JPO), 2024 WL 1256006 (S.D.N.Y. March 25, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. From the decision: The Goldberg Plaintiffs next bring a claim of hostile work environment under 42…
Read More Race-Based Hostile Work Environment Claim Survives Dismissal, Notwithstanding Plaintiff’s Alleged Use of Offensive LanguageIn King v. Aramark Services Inc., No. 22-1237, 2024 WL 1188985 (2d Cir. March 20, 2024), the court, inter alia, vacated the summary judgment dismissal of plaintiff’s claim of sex-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision discusses and applies the “continuing violation doctrine”, which operates…
Read More 2d Circuit Vacates Dismissal of Sex-Based Title VII Sex-Based Hostile Work Environment Claim on Timeliness GroundsIn Ellis v. City of New York, No. 159090/2022, 2024 WL 1195688 (N.Y. Sup Ct, New York County Mar. 20, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: In this instance, Plaintiff further asserts…
Read More Hostile Work Environment Claims, Including Allegations of “Slave-Esque Working Conditions”, DismissedIn Harlow v. Molina Healthcare, Inc., 5:20-CV-1382, 2024 WL 1126736 (N.D.N.Y. March 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on her hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the black-letter law, the…
Read More Hostile Work Environment (Same-Sex) Sexual Harassment Claims Survive Summary Judgment; Evidence Included Unwanted Touching and Suggestive LanguageIn Renondeau v. Wildlife Conservation Society, New York Aquarium et al, 19-CV-2415 (VSB), 2024 WL 1156643 (S.D.N.Y. March 18, 2024), the court, inter alia, granted defendants’ motion for summary judgment dismissing plaintiff’s hostile work environment claim. From the decision: Plaintiff’s hostile work environment claim is based on many of the same allegations that underlie his…
Read More Hostile Work Environment Claim Dismissed; “Haitian Motherfucker” & “Haitian Sensation” Comments Insufficient