In Lum v. Consolidated Edison Co. of N.Y., Inc., 2022 NY Slip Op 05594 (App. Div. 1st Dept. Oct. 6, 2022), the court modified a lower court order to reinstate plaintiff’s claims for national origin discrimination under the New York State and City Human Rights Laws, and for sexual harassment under the New York City Human…
Read More National Origin, Sexual Harassment Claims Reinstated Against Con EdisonIn White v. Manhattan and Bronx Surface Transit Operating Authority et al, 18 Civ. 3627 (GBD), 2022 WL 4227289 (S.D.N.Y. Sept. 13, 2022), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim. Applying the law, the court held: After reviewing the entire record and assessing the facts…
Read More Sex-Based Hostile Work Environment Claim Dismissed Against MABSTOAIn Henrich v. Henkels & McCoy, Inc. et al, No. 20-6281, 2022 WL 3701969 (E.D.Pa. Aug. 26, 2022), the court held that plaintiff presented sufficient evidence for a reasonable jury to infer that she was subjected to severe or pervasive gender discrimination that gave rise to a hostile work environment in violation of Title VII of…
Read More Gender-Based Hostile Work Environment Claim Survives Summary Judgment; Allegations Included Holding Plaintiff to Standards Inapplicable to MenIn Cherkasky v. Boyertown Area School District, No. 5:21-cv-5204, 2022 WL 1965899 (E.D.Pa. June 6, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim – even though it dismissed her underlying sex-based discrimination claims. This case is an apt example of how a claim of unlawful “retaliation” may survive under Title…
Read More Retaliation Claims Sufficiently Alleged By Teacher, Despite Dismissal of Underlying Sex-Based Discrimination ClaimsIn Cherkasky v. Boyertown Area School District, No. 5:21-cv-5204, 2022 WL 1965899 (E.D.Pa. June 6, 2022), the court, inter alia, dismissed plaintiff’s sex-based discrimination claims under Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act. From the decision: The first and most crucial element to Cherkasky’s discrimination claim is…
Read More Teacher’s Sex-Based Discrimination Claims, Based on Students’ Use of the Word “Bitch,” DismissedThe “Jerk Boss” is a stock character of the American workplace; one would be hard-pressed to find someone who has not experienced (or a work-centric fictional setting that does not include at least) one. And what is more indicative of a “hostile” workplace than a boss who loudly uses profanity and insulting language at work? Such…
Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Profane, Insulting Language InsufficientIn Syeed et al v. Bloomberg L.P., 1:20-cv-7464-GHW, 2022 WL 3447987 (S.D.N.Y. Aug. 17, 2022), the court, inter alia, denied (in part) defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws.[1]The court dismissed plaintiff’s claims asserted under Title VII of the Civil Rights Act of…
Read More Retaliation Claims Sufficiently Alleged, in Part, Against Bloomberg L.P.In Gray v. Koch Foods, Inc. et al, 2022 WL 141533 (M.D.Ala. Jan. 14, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The facts at issue here do not…
Read More Sexual Harassment Claim Survives Summary Judgment; Conduct Was Sufficiently “Severe” Even if Not “Pervasive”In Doe v. Benjamin Zaremski M.D., P.C. et al, 21 Civ. 3187 (ER), 2022 WL 2966041 (S.D.N.Y. July 27, 2022), the court held that the applicable standard for making our a claim under the New York City Human Rights Law’s “public accommodation discrimination” provision, N.Y.C. Admin. Code § 8-107(4), is that the aggrieved person was…
Read More Court Broadly Interprets the NYC Human Rights Law’s Public Accommodation Discrimination ProvisoinIn Sarraj v. Northern Virginia Electric, 2022 WL 2820553 (E.D.Va. July 18, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims based on race, age, and sex. Initially, the court held that plaintiff – who is over 40 and Iraqi-Kurish – did not sufficiently allege an race and age-based hostile work environment claim,…
Read More Sex-Based Hostile Work Environment Claim Dismissed; Single Comment Insufficient