Judge: Jesse M. Furman

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In Baptiste v. The City University of New York et al., 22-CV-2785 (JMF), 2023 WL 4266914 (S.D.N.Y. June 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based retaliation claim, asserted under 42 U.S.C. § 1981. Here, plaintiff’s retaliation claim arises out of her termination, which occurred one day after she engaged…

Read More Race-Based Retaliation Claim Survives Dismissal; Termination Occurred One Day After Protected Activity
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In Brandenburg, Elizabeth et al v. Greek Orthodox Archdiocese of North America et al, 2023 WL 2185827 (S.D.N.Y. Feb. 23, 2023), the court addressed the following question, which has divided various courts: “whether, and under what circumstances, a clergy member can bring a claim for hostile work environment discrimination or retaliation against a religious employer.”…

Read More Nuns’ Hostile Work Environment Sexual Harassment Claims Survive Summary Judgment Against Greek Orthodox Archdiocese of North America; “Ministerial Exception” Did Not Bar Claims
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In Franchitti v. Cognizant Technology Solutions Corp., 21-CV-2174 (JMF), 2022 WL 2657171 (S.D.N.Y. July 8, 2022), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. From the decision: As noted, Franchitti brings a…

Read More Retaliation Claims, Based on Withdrawal of Settlement, Dismissed
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In Del Villar v. Hyatt Hotel Corporation et al., 19-CV-10891 (JMF), 2022 WL 2316205 (S.D.N.Y. June 28, 2022), the court granted Hyatt’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed Against Hyatt Hotel Corporation
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In Wilson v. JPMorgan Chase Bank, N.A., et al, 20-cv-4558, 2021 WL 5179914 (S.D.N.Y. Nov. 8, 2021), the court, inter alia, held that plaintiff sufficiently (i.e., plausibly) alleged a race-based hostile work environment under the New York State and City Human Rights Laws. Beginning with the City Law, the court explained: [Plaintiff’s Second Amended Complaint]…

Read More Race-Based Hostile Work Environment Sufficiently Alleged Against JPMorgan Chase Bank Under the NYS and NYC Human Rights Law
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From Maragh v. The Roosevelt Island Operating Corp. et al, 16-CV-7530, 2021 WL 3501238 (S.D.N.Y. August 5, 2021): Maragh’s hostile work environment claim is based on the same evidence as his discrimination claim. Thus, it suffers from the same fatal defects, including the dearth of admissible evidence, allegations of facially neutral conduct, and the amorphous…

Read More Title VII Co-Worker Hostile Work Environment Claim Dismissed Against RIOC
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In Modica v. N.Y.C. Dept. of Education et al, 20-CV-4834, 2021 WL 3408587 (S.D.N.Y. Aug. 4, 2021), the court, inter alia, held that the plaintiff, a teacher, sufficiently alleged retaliation claims under the Americans with Disabilities Act, the Rehabilitation Act, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Teacher’s Retaliation Claim Proceeds Under Americans With Disabilities Act and Related Statutes
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In Modica v. N.Y.C. Dept. of Education et al, 20-CV-4834, 2021 WL 3408587 (S.D.N.Y. Aug. 4, 2021), the court held that plaintiff sufficiently alleged a disability-based hostile work environment claim under the New York City Human Rights Law. The court reached this conclusion after determining that plaintiff did not sufficiently allege claims under federal law (the…

Read More Disability-Based “Ridicule” at Meeting Sufficient to State Discrimination Under NY City, but Not Federal and NY State, Law
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A recent decision, Boyce v. Bruce Weber and Little Bear, Inc., 19-cv-3825, 2021 WL 2821154 (S.D.N.Y. July 7, 2021), is instructive as to how courts resolve evidentiary issues arising in the context of sexual harassment claims. In this case, plaintiff (a fashion model) asserts claims for sexual harassment against defendant Weber (a fashion photographer) under…

Read More Court Rules on “Modus Operandi” Witnesses in Bruce Weber Sexual Harassment Case
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From Wilson v. JPMorgan Chase Bank, N.A., James Dimon, et al, 2021 WL 918770, at *5 (S.D.N.Y., 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: [Plaintiff’s] NYSHRL hostile work environment claim fails for…

Read More Race-Based Hostile Work Environment Claims Dismissed Against Chase Bank
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