D Motion for Summary Judgment Denied (Employment Discrimination)

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In Vichio v. US Foods, Inc., 88 F.4th 687 (7th Cir. 2023), the court reversed the lower court’s dismissal of plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act, finding that there was a genuine dispute of material fact as to whether the employer’s proffered reason for terminating him – deficient performance…

Read More Age Discrimination Claim Revived Following Summary Judgment Dismissal; Evidence Supported Inference That Alleged Deficient Performance Was Pretext For Discrimination
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In a recent case, Chenn & Bonnick v. MTA-New York City Transit Authority, Case No. 20-CV-2827 (FB) (JAM), 2023 WL 8891411 (E.D.N.Y. Dec. 26, 2023), the court, inter alia, denied defendant’s motion for summary judgment dismissing plaintiff’s failure-to-promote claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Discriminatory Failure-to-Promote Claims Survive Summary Judgment, Court Holds
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In Belvin v. Electchester Management, LLC, 17-CV-6303 (NGG) (PK), 2020 WL 7262877 (E.D.N.Y. Dec. 10, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim, based on the “adverse action” of denying plaintiff his Christmas bonus. From the decision: Mr. Mayers has adduced sufficient evidence from which a juror…

Read More Disability Discrimination Claim, Arising From Withholding of Christmas Bonus, Survives Summary Judgment
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In Santana v. Yonkers City School District et al, No. 60352/2021, 2023 N.Y. Slip Op. 23386, 2023 WL 8590590 (Sup Ct, Dec. 07, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under the New York State Human Rights Law. From the decision: As to plaintiff’s…

Read More Yonkers Teacher’s Claims of Race Discrimination and Retaliation Survive Summary Judgment
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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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