2022

In Pappas v. Moody’s Investor Service, No. 15360, 158504/19, 2021-01012, 2022 N.Y. Slip Op. 01249, 2022 WL 548952 (N.Y.A.D. 1 Dept., Feb. 24, 2022), the court, inter alia, unanimously affirmed the lower court’s dismissal of plaintiff’s discrimination and retaliation claims asserted under the New York State and City Human Rights Laws (Executive Law § 296…

Read More First Department Affirms Dismissal of Discrimination & Retaliation Claims; Alleged Harasser’s Participation in Sexual Harassment Investigation Was Not “Protected Activity”
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In a resounding win for employees, Congress passed (with bipartisan support) the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021“, which bars the use of forced arbitration to address sexual assault and harassment claims in the workplace. The legislation passed the House on February 7, 2022, and the Senate on February…

Read More Congress Passes Bill to End Forced Arbitration in Cases of Sexual Assault and Sexual Harassment
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In Mondelo v. Quinn, Emanuel, Urquhart & Sullivan, LLP et al, 21-cv-02512, 2022 WL 524551 (SDNY Feb. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims, arising from plaintiff’s complaints of discrimination on the basis of his Spanish Ethnicity/Ancestry/National Origin, in violation of 42 U.S.C. § 1981, the New York State…

Read More Retaliation Claim Sufficiently Alleged Against Quinn, Emanuel Law Firm
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In Harris v. Oscar De La Renta, LLC, 2022 WL 540659 (SDNY Feb. 22, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based failure-to-hire claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In this case, the plaintiff states a claim for failure to hire. The…

Read More Race-Based Failure-to-Hire Discrimination Claim Will Proceed Against Oscar De La Renta
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In Mondelo v. Quinn, Emanuel, Urquhart & Sullivan, LLP et al, 21-cv-02512, 2022 WL 524551 (SDNY Feb. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s Spanish Ethnicity/Ancestry/National Origin-based hostile work environment claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights…

Read More Spanish Ethnicity/Ancestry/National Origin Hostile Work Environment Claim Survives Against Quinn, Emanuel Law Firm
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In Lopez v. Mama’s Fried Chicken, Inc., 2022 NY Slip Op 01124 (NY App. Div. 1st Dept. Feb. 22, 2022) – involving claims of failure to pay wages, sexual harassment, discrimination, and retaliation – the First Department unanimously affirmed a lower court’s Order denying defendant’s motion to vacate a default judgment entered in plaintiff’s favor.…

Read More Sexual Harassment Default Judgment Upheld; “Law Office Failure” Argument Rejected
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In Gittens v. Winthrop Hospitalist Associates, P.C. et al, 19-CV-5070, 2022 WL 504490 (E.D.N.Y. Feb. 18, 2022), the court held, inter alia, that plaintiff sufficiently alleged a race-based hostile work environment claims under 42 U.S.C. § 1981 and the New York State Human Rights Law. Initially, the court held that plaintiff did not state a…

Read More Race-Based Hostile Work Environment Claim, Based on Assignment of “Menial Tasks”, Sufficiently Alleged
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In Quintero v. Angels of the World, Inc., 19-CV-6126, 2021 WL 4464123 (E.D.N.Y. Sept. 10, 2021), the court, inter alia, assessed emotional distress damages to be awarded to plaintiff (an exotic dancer), upon defendants’ default, on her claims of race-based discrimination and hostile work environment, hostile work environment sexual harassment, among others. The court summarized…

Read More Exotic Dancer Awarded $30,000 in Emotional Distress Damages Upon Defendants’ Default in Sexual Harassment Case
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In Quintero v. Angels of the World, Inc., 19-CV-6126, 2021 WL 4464123 (E.D.N.Y. Sept. 10, 2021), the court, inter alia, recommended that plaintiff – an exotic dancer – be awarded a default judgment on her claims of hostile work environment sexual harassment. From the decision: Plaintiff alleges that managers and promoters, all of whom who…

Read More Exotic Dancer Entitled to Default Judgment on Hostile Work Environment Sexual Harassment Claims, Court Holds
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In Daniels v. American Airlines Inc., 19-cv-3110, 2022 WL 493573 (E.D.N.Y. Feb. 17, 2022), the court dismissed “workplace bullying” claims asserted by plaintiff, a former flight attendant for defendant American Airlines. This decision teaches, and confirms, that while a certain type of bullying – bullying motivated by impermissible factors (i.e., “protected classes” such as sex,…

Read More Workplace Bullying, Hostile Work Environment Claims Dismissed by Court
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