July 2022

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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 Provisoin
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In McKenna v. Santander Investment Securities, Inc. et al, 21cv941 (DLC), 2022 WL 2986588 (S.D.N.Y. July 28, 2022), the court, inter alia, held that plaintiff’s pregnancy discrimination claim (in part) survived summary judgment. Here, plaintiff alleged pregnancy discrimination based on two pregnancies, one in 2019, and one in 2020.  The court reached different decisions regarding…

Read More Pregnancy Discrimination Claim Survives Summary Judgment (In Part) Against Santander Investment Securities
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In Webb v. City of Venice, No. 8:19-cv-3045-TPB-TGW 2022 WL 2967291 (M.D.Fla. July 27, 2022), the court, inter alia, denied defendant’s motion for judgment as a matter of law on plaintiff’s claim of race-based hostile work environment claim. As to the issue of the existence of a hostile work environment, the court explained: This is…

Read More Race-Based Hostile Work Environment Jury Verdict Upheld; Evidence Included Use of “N-Word”
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In Karamatic v. Peyton Resource Group, L.P., No. 3:21-CV-02304-N, 2022 WL 2972222 (N.D.Tex. July 26, 2022), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment in violation of Title VII of the Civil Rights Act of 1964. In concluding that plaintiff’s complaint adequately alleged actionable sexual harassment, the court explained:…

Read More Sexual Harassment Hostile Work Environment Claim Sufficiently Alleged, Holds Texas Court
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In Robinson v. Attractions Lodging, Inc., 6:20-cv-32-EJK, 2022 WL 2904869 (M.D.Fla. July 22, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race and national origin based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: As to Plaintiff’s claim that the…

Read More Race/National Origin-Based Hostile Work Environment Claims Survive Summary Judgment
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In Diaz v. Poly Prep Day School, 2022 WL 2803259 (E.D.N.Y. July 18, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: Plaintiff has failed to allege…

Read More Race, National Origin-Based Hostile Work Environment Claims Dismissed Against Poly Prep Day School
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In Malone v. Town of Clarkstown et al, 19-cv-5503, 2022 WL 2834105 (S.D.N.Y. July 20, 2022), the court, inter alia, denied defendant’s motion for partial summary judgment on plaintiff’s hostile work environment claim (based on the conduct of a specific person) under Title VII of the Civil Rights Act of 1964. The defendant argued that…

Read More Hostile Work Environment Claim Survives Summary Judgment; Decision Highlights Need to View Evidence in the Aggregate
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In Bell v. SL Green Realty Corp., 19 Civ. 8153 (LGS), 2022 WL 2819054 (S.D.N.Y. July 19, 2022), the court, inter alia, denied defendant’s motion for summary judgment dismissing plaintiff’s claim of race-based discriminatory termination asserted under 42 U.S.C. § 1981. As to that claim, the court applied the well-known 3-step burden-shifting framework, derived from…

Read More Section 1981 Race Discrimination Claim, Asserted by HIspanic Plaintiff, Survives Summary Judgment Against SL Green Realty Corp.
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In Black v. Buffalo Meat Service, Inc., d/b/a Boulevard Black Angus, 21-1468, 2022 WL 2902693 (C.A.2 July 22, 2022), the court affirmed the lower court’s award of summary judgment dismissing plaintiff’s race-based hostile work environment and constructive discharge claims. From the decision: Next, even assuming Black has standing to pursue her constructive discharge claims, we…

Read More Single Racial Slur Insufficient to Establish Hostile Work Environment or Constructive Discharge, Second Circuit Holds
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In Banks v. Cypres Chase Condominium Association B, Inc. and Andre Bujold, No. 22-60747-CIV-MORENO, 2022 WL 2870127 (S.D.Fla. July 21, 2022), the court, inter alia, held that plaintiff did not sufficiently allege a race-based hostile work environment claim under 42 U.S.C. § 1981, and accordingly dismissed it under Federal Rule of Civil Procedure 12(b)(6). From…

Read More “You People” Comment Insufficient to Allege Race-Based Hostile Work Environment Claim, Court Rules
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