D Motion for Summary Judgment Denied (Employment Discrimination)

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In Smyth v. City of New York, No. 157294/2017, 2023 WL 8478880 (N.Y. Sup Ct, New York County Dec. 07, 2023), the court, inter alia, denied defendant’s motion for summary judgment on his claim of discrimination based on his perceived sexual orientation in violation of the New York City Human Rights Law (NYCHRL). From the…

Read More Discrimination Claim, Based on Perceived Sexual Orientation, Survives Summary Judgment Against the City of New York
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In Onely v. Redner’s Markets, Inc., No. 21-4785, 2023 WL 6626120 (E.D.Pa. Oct. 11, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race discrimination and race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. As to plaintiff’s…

Read More A “Thousand Cuts”: Title VII Hostile Work Environment Claims Survive Summary Judgment
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In Shin v. The New York City Dept. of Educ., No. 155437/2018, 2023 WL 6465000 (N.Y. Sup Ct, New York County Oct. 03, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender discrimination claim asserted under the New York City (but not the New York State) Human Rights Law. From…

Read More Gender Discrimination Claims Survive Against NYC Dept. of Education Under the New York City Human Rights Law
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In Wilkinson v. Pinnacle Lodging, LLC et al, No. 22-30556, 2023 WL 6518142 (5th Cir. Oct. 5, 2023), the court, inter alia, reversed the district court’s grant of summary judgment to the defendant employer on plaintiff’s claim of wrongful termination asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §…

Read More Citing Inconsistent Reasons for Termination, Fifth Circuit Reverses Summary Judgment for Employer in Wrongful Termination Case
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In Richmond v. Montefiore Medical Center, 21 Civ. 8700 (PGG), 2023 WL 6216271 (S.D.N.Y. Sept. 25, 2023), the court denied defendants’ motion for summary judgment on plaintiff’s gender-based discrimination (termination) claim asserted under the New York State and City Human Rights Laws. Here is the court’s discussion of the third/final “pretext” step of the pertinent…

Read More Gender Discrimination Claims Survive Summary Judgment Against Montefiore Medical Center
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In a recent case, Chillmon v. Village of Evergreen Park Illinois, 2No. 20 CV 7379, 2023 WL 5980008 (N.D.Ill. Sept. 14, 2023), the court, inter alia, denied defendant’s motion for summary judgment dismissing plaintiff’s national origin-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: A…

Read More National Origin (Albanian) Hostile Work Environment Title VII Claim Survives Summary Judgment
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In a recent case, Mingo v. The City of Mooresville, No. 5:22-CV-00032-KDB-SCR, 2023 WL 6120962 (W.D.N.C. Sept. 18, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Viewing the facts generously in the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Allegations Included Racially Disparaging Remarks; Disparate Discipline
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In Moody, Amanda v. Empire Hotel Development, Inc., et al, No. 20-CV-02203 (PMH), 2023 WL 5480729 (S.D.N.Y. August 24, 2023), the court, inter alia, denied defendants’ motion for summary judgment as to plaintiff’s race-based discrimination (demotion) claim. From the decision: Moody also contends that she was demoted in mid-July 2019. Moody testified that a few weeks…

Read More Race-Based Discrimination (Demotion Only) Claims Survive Summary Judgment
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In Wolfe-Santos v. NYS Gaming Com’n, No. 160963-2016, 2023 WL 5431870 (N.Y. Sup Ct, New York County Aug. 22, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims. From the decision: Here, assuming arguendo that defendants met their burden and established that they did not discriminate against plaintiff…

Read More Disability Discrimination Claims Survive Summary Judgment Against NYS Gaming Commission
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In Caputo v. Iesi NY Corp., No. 150594/2018, 2023 WL 5167701 (N.Y. Sup Ct, New York County Aug. 11, 2023), the court held that summary judgment was inappropriate on plaintiff’s claims of discrimination and retaliation. From the decision: Here, issues of fact preclude summary judgment on all claims related to discrimination and retaliation. Plaintiff and…

Read More Summary Judgment on Disability Discrimination, Retaliation Claims Not Warranted in Light of Conflicting Interpretations of Evidence
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