June 2022

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In Oluwo v. Sutton, No. 2019-13814, 2260/19, 2022 N.Y. Slip Op. 03734, 2022 WL 2057838 (N.Y.A.D. 2 Dept. June 08, 2022), the Appellate Division, Second Department modified a lower court order, and held that plaintiff sufficiently alleged claims of national origin-based discrimination (under the New York State Human Rights Law), and hostile work environment (under…

Read More Nigerian Plaintiff’s National Origin Discrimination and Hostile Work Environment Claims Should Have Not Have Been Dismissed, Court Holds
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In Leroy v. Delta Air Lines, Inc., 2022 WL 2069281 (2d Cir. June 9, 2022), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107(7). This case arose from an incident in which a passenger allegedly called plaintiff flight attendant a…

Read More Retaliation Claim, Based on Alleged Racial Comment by Airline Passenger, Properly Dismissed
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In Estevez, Mancini, and Mekuli v. Berkeley College et al, No. 18-CV-10350 (CS), 2022 WL 1963659 (S.D.N.Y. June 6, 2022), an employment discrimination case, the court considered defendants’ motion for attorney fees following the court’s prior summary judgment dismissal of plaintiff’s claims. Many of the anti-discrimination laws – including Title VII of the Civil Rights…

Read More Court Finds That “Thin” Retaliation Claims Were Not “Frivolous” so as to Warrant an Award of Attorney Fees to Defendants; Cautions Plaintiffs’ Counsel
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In Pattanayak v. Mastercard Inc., 21 Civ. 2657 (GBD), 2022 WL 2003317 (S.D.N.Y. June 6, 2022), the court, inter alia, denied plaintiff’s request to amend his complaint to bolster his hostile work environment claim, finding that claim futile. From the decision: A plaintiff alleging a hostile work environment claim must demonstrate that his workplace was…

Read More Court Denies Leave to Amend Hostile Work Environment Claim; Alleged Excessive Workload Etc. Insufficient
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In Pachura v. Lloyd J. Austin, III, Secretary, Department of Defense, 6:21-CV-0316 (LEK/ATB), 2022 WL 1909546 (N.D.N.Y. June 3, 2022), the court denied 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 plaintiff’s allegations, in sum, as follows: Between…

Read More Sexual Harassment Claim Survives Dismissal; Allegations Included Harassment by Facebook Messenger
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In Rodriguez v. Town of Cicero et al, No. 20 C 7608, 2022 WL 1773715 (N.D.Ill. June 1, 2022), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s sexual harassment allegations as follows: The…

Read More Police Officer’s Title VII Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged, Court Holds
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In Onely v. Redner’s Markets, Inc., No. 21-4785, 2022 WL 1773606 (E.D.Pa. June 1, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: After disregarding legal conclusions, the…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal; Allegations Included Reference to “Offensive” Hair
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In Gamble v. Fieldston Lodge Nursing and Rehabilitation Center et al, No. 20-CV-10388-LTS, 2022 WL 1778488 (S.D.N.Y. June 1, 2022), the court granted defendant’s motion, for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), on plaintiff’s claim of sexual orientation discrimination in violation of Title VII of the Civil Rights Act of…

Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed
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In Blackman v. Metropolitan Transit Authority, NYC Transit Authority et al, No. 2019-09440, Index 502489, 2022 WL 1760133 (N.Y.A.D. 2 Dept. June 01, 2022), the court, inter alia, held that the lower court properly denied defendants’ motions for summary judgment on plaintiff’s race-based failure-to-hire and failure-to-promote claims asserted under the New York State and City…

Read More Discriminatory Hiring, Promotion Claims Survive Summary Judgment Against NYC Transit Authority
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