D Motion for Summary Judgment Denied (Employment Discrimination)

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In Nelson v. WW Intern., Inc., No. 155745/2020, 2024 WL 32208823 (N.Y. Sup Ct, New York County June 28, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim asserted under the New York City Human Rights Law. From the decision: A plaintiff may prove a disability discrimination claim…

Read More Disability Discrimination Claim Survives Summary Judgment
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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 Barcellos v. The City of New York, No. 157998/2018, 2024 WL 2941863 (N.Y. Sup Ct, New York County June 4, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of disparate treatment under the New York City Human Rights Law.[1]The court addressed plaintiff’s “hostile work environment” claim separately; I…

Read More NYCHRL Sexual Harassment Claim Survives Dismissal; Issues of Fact Existed as to Whether Plaintiff Was “Treated Less Well” Because of Her Gender
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In Beauchine v. City of Syracuse, New York et al, 5:21-cv-00845 (BKS/TWD), 2024 WL 2700874 (N.D.N.Y. May 24, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination claim asserted under 42 U.S.C. § 1983 and the New York State Human Rights Law. In analyzing this claim, the court applied…

Read More Syracuse Police Officer’s Failure to Promote Sex Discrimination Claim Survives Summary Judgment
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In Howell v. Northwest Mississippi Community College, CASE NO. 3:23CV33-MPM-DAS, 2024 WL 1611897 (N.D.Miss. April 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of age discrimination (in violation of the Age Discrimination in Employment Act) arising from the non-renewal of plaintiff’s contract as head women’s basketball coach. In…

Read More Affidavit Constituted Direct Evidence of Age Discrimination; Summary Judgment Denied
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In Elco, Melissa Breitenbach v. Yvette Aguiar, et al, No. 2022-01691, 614414/20, 2024 N.Y. Slip Op. 01796, 2024 WL 1423822 (N.Y.A.D. 2 Dept., Apr. 03, 2024), the court affirmed the lower court’s denial of defendant’s motion, pursuant to CPLR 3211(a), to dismiss plaintiff’s discrimination claim asserted under the New York State Human Rights Law. From…

Read More Plaintiff Sufficiently Alleges “Inferior Terms, Conditions or Privileges of Employment” Under the Amended NYS Human Rights Law
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In Argoti v. Equinox Holdings, Inc., No. 152903/2019, 2024 WL 1599371 (N.Y. Sup Ct, New York County Apr. 10, 2024), the court, inter alia, denied defendant’s motion for summary judgment seeking dismissal of plaintiff’s claim of discrimination based on plaintiff’s disability and domestic violence status asserted under the New York City Human Rights Law. From…

Read More Domestic Violence Victim Status Discrimination Claim Against Equinox Survives Summary Judgment
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In Bart v. Golub Corporation, No. 23-238, 2024 WL 1281069 (2d Cir. March 26, 2024), the court clarified and reaffirmed “foundational principles governing pretext and causation in Title VII disparate treatment claims.” In sum, plaintiff, a female manager at Price Chopper (a supermarket chain operated by defendant Golub Corp.), was fired two days after she…

Read More 2nd Circuit Clarifies “Pretext” Analysis; Sex-Based Termination Claim Survives Summary Judgment
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In Egers v. Allstate Insurance Company, 19-CV-4348 (JS)(ARL), 2024 WL 923122 (E.D.N.Y. March 4, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the New York State Human Rights Law. From the decision: Plaintiff’s claims of employment discrimination and failure to accommodate each require the Court to…

Read More Disability Discrimination Claim Survives Summary Judgment, in Light of Factual Dispute as to Whether Job Function Was “Essential”
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In Weaver v. Bloomberg L.P., 22 Civ. 8201 (PAE), 2024 WL 693166 (S.D.N.Y. Feb. 20, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claims of race-based employment discrimination (termination). This case illustrates how courts apply the three-step McDonnell Douglas burden-shifting framework when analyzing discrimination claims. From the decision: The Court finds that…

Read More Race-Based Termination Claim Survives Summary Judgment Against Bloomberg L.P.
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