In Jackson, Robert v. American Civil Liberties Union, Inc. et al, 21-CV-5037 (JPO), 2024 WL 4766983 (S.D.N.Y. Nov. 13, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the McDonnell…
Read More Race Discrimination Claims Survive Summary Judgment Against ACLUIn Murray v. Brag Sales Inc. d/b/a Uneeda Enterprises et al, 2024 WL 4635479 (S.D.N.Y. Oct. 31, 2024), the court denied plaintiff’s motion for reconsideration of the dismissal of his claim of employment discrimination asserted under the New York City Human Rights Law. This decision is instructive on the geographic reach of that statute. From…
Read More Court Upholds Dismissal of NYCHRL Discrimination Claim; Plaintiff Worked Outside NYCIn Reach v. Healthfirst, Inc., 23-CV-8085 (JPO), 2024 WL 4493769 (S.D.N.Y. Oct. 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws.[1]The court initially found that plaintiff failed to sufficiently allege claims under federal law. From the decision:…
Read More Race-Based Hostile Work Environment Claims Sufficiently Alleged Under NYS and NYC Human Rights LawsIn Singh v. Meetup LLC et al, 23-CV-9502 (JPO), 2024 WL 3904799 (S.D.N.Y. August 22, 2024), the court granted defendant’s motion to compel arbitration, holding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not apply, since plaintiff’s allegations – while arguably constituting discrimination based on sex, did not…
Read More Sex Discrimination Allegations Did Not Plausibly Allege “Sexual Harassment”, Ending Forced Arbitration Act Not TriggeredIn 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 claim of retaliation asserted under 42 U.S.C. § 1981. From the decision: The Goldberg Plaintiffs also assert a claim of unlawful retaliation under Section 1981 based on Goldberg’s opposition…
Read More Retaliation Claim Sufficiently Alleged; Communication of Discrimination Allegation Through Counsel Constituted “Protected Activity”In 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 Dobney v. The Walt Disney Company et al, 23-CV-5380 (JPO), 2024 WL 325336 (S.D.N.Y. Jan. 29, 2024), the court denied defendants’ motion to dismiss plaintiff’s various discrimination claims – including disparate treatment and constructive discharge – under the New York State and City Human Rights Laws. From the decision: First, Dobney sufficiently pleads a…
Read More Race Discrimination Claims Sufficiently Alleged; Allegations Include Burdens, Assignment of Disproportionately Heavy Workload, and Constructive DischargeIn DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, dismissed plaintiff’s claim(s) of hostile work environment under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York City Human Rights Law. (The court…
Read More Age-Based Hostile Work Environment Claims Dismissed Against NYC Dept. of EducationIn DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation, arising from complaints of age discrimination, under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York…
Read More Retaliation Claims, Arising From Complaints of Age Discrimination, Sufficiently Allege Against NYC Dept. of EducationIn DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York City Human Rights Law. From…
Read More Age Discrimination Claims Sufficiently Alleged Against NYC Dept. of Education