In Goldzweig v. Consolidated Edison Company of New York, Inc., 2024 WL 5056350 (S.D.N.Y. Dec. 10, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of gender discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…
Read More Sex Discrimination Claims Dismissed Against Con EdisonIn Sabic-El-Rayess v. Teachers College, Columbia University, 24-CV-2891 (JMF), 2024 WL 4988408 (S.D.N.Y., 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of religious discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: By contrast, the Court concludes that Dr. Sabic-El-Rayess’s allegations are sufficient to state…
Read More Religious Discrimination Claims Against Columbia Survive DismissalIn Ancrum v. New York City Department of Environmental Protection, 2024 WL 5009145 (S.D.N.Y. Dec. 6, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: For Title VII purposes, a workplace is actionably hostile when it…
Read More Title VII Sexual Harassment Claim Dismissed; Comments, While “Despicable” and “Offensive”, Held Not ActionableIn a recent case, O’Rear v. Diaz, 24 Civ. 1669 (PAE), 2024 WL 4903722 (S.D.N.Y. Nov. 27, 2024), the court addressed an issue arising in a number of employment discrimination/sexual harassment cases, namely, the production of sexual harassment and sexual assault complaints by employees other than the plaintiff. From the decision: Plaintiff S. O’Rear sues…
Read More Plaintiff Entitled to Discovery of Sexual Harassment and Sexual Assault Complaints Made by Employees, Court RulesIn Snowden v. County of Sullivan, 22 CV 514 (VB), 2024 WL 4882700 (S.D.N.Y. Nov. 25, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law, including the McDonnell Douglas burden-shifting framework applicable to…
Read More Race Discrimination Claim, Arising From Suspension, Survives Summary JudgmentIn Nolan Graber v. Cayuga Home For Children, 5:24-CV-468, 2024 WL 4870326 (N.D.N.Y. Nov. 22, 2024), the court, inter alia, held that plaintiff sufficiently alleged constructive discharge in violation of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: A constructive discharge occurs when…
Read More Constructive Discharge Sufficiently Alleged; Allegations Included Erosion of Role Following Participation in Age Discrimination InvestigationIn U.S. Equal Employment Opportunity Commission v. Council for Advancement of Social Services and Education, 2024 WL 4479882 (W.D.La. Oct. 10, 2024), the court, inter alia, held that the plaintiff sufficiently alleged a claim of retaliation under Title VII of the Civil Rights Act of 1964. After concluding that plaintiff sufficiently alleged a claim of race discrimination,…
Read More Title VII Retaliation Claim Sufficiently Alleged; Unpaid Leave Followed Complaint By One HourIn Mazzuchelli v. Immutable Pty. Ltd and Lightsource Global, 23-cv-7885 (NSR), 2024 WL 4817535 (S.D.N.Y. Nov. 18, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s pregnancy discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: To state a claim…
Read More Pregnancy Discrimination Claims Survive Dismissal; Termination Occurred Less Than a Month After Pregnancy DisclosureIn Mazzuchelli v. Immutable Pty. Ltd and Lightsource Global, 23-cv-7885 (NSR), 2024 WL 4817535 (S.D.N.Y. Nov. 18, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized and applied the law as follows: A…
Read More Title VII Hostile Work Environment Claim Dismissed; Alleged “Graphic Sexual Discussions” and “Sexual Overtures” NotwithstandingIn Santay v. Ice House LLC, Civil Action No. 24-cv-11583-ADB, 2024 WL 4804967 (D.Mass. Nov. 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: The elements of a claim for hostile work environment under Title VII or Chapter 151B are that (1) the…
Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Contentions Include Sexual Comments, Touching, and Showing Photos and Videos of Genitalia