2022

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In Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of gender discrimination and hostile work environment under the New York State and City Human Rights…

Read More Sex/Gender Harassment & Hostile Work Environment Claims Survive Against CareandWear II, Inc.
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In Chen v. Jewish Bd. of Family and Children’s Services, Inc., No. 525625/18, 2022 WL 1540178 (N.Y. Sup Ct, Kings County May 13, 2022), the court dismissed, on summary judgment, plaintiff’s claims of gender discrimination and hostile work environment asserted under the New York City Human Rights Law. As to plaintiff’s discrimination claim, the court…

Read More Sex/Gender-Based Hostile Work Environment Claim Dismissed; “Insensitive” Comments Amounted to “Petty Slights and Trivial Inconveniences”
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In Hunley v. DTLR Villa, Inc., 22-CV-6010L, 2022 WL 1447737 (W.D.N.Y. May 9, 2022), the court granted defendant’s motion to dismiss plaintiff’s discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. This case teaches that a plaintiff may not prevail on such a claim by merely alleging that (a)…

Read More Title VII Sex/Race-Based Discrimination, Retaliation Claims Dismissed; Link Between Protected Class(es) and Adverse Action Was Lacking
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In Brager v. Quality Bldg. Services Corp., No. 155832/2021, 2022 WL 1599529 (N.Y. Sup. Ct. NY Cty. May 20, 2022), the court, inter alia, dismissed plaintiff’s age and national origin-based hostile work environment claim as insufficiently pled. As to plaintiff’s age discrimination claim, the court explained: Plaintiff’s allegations regarding the alleged hostile work environment related…

Read More Hostile Work Environment Claims Insufficiently Alleged; Being Jewish Was Not a “National Origin” Category
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In a recent decision, Cummings v. Premier Rehab Keller, P.L.L.C., 142 S.Ct. 1562 (U.S. April 28, 2022), the U.S. Supreme Court held that emotional distress damages are not recoverable under the Rehabilitation Act of 1973 or the Patient Protection and Affordable Care Act (ACA), which Congress enacted under the Constitution’s “Spending Clause” (U.S. Constitution, Article…

Read More SCOTUS: Emotional Distress Damages Unavailable Under “Spending Clause” Antidiscrimination Laws
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In Turner v. Copeland Group USA Inc, 2022 WL 1508446 (S.D.Tex. May 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the relevant facts as follows: Plaintiffs Vanessa La Barrie and Celmira Turner…

Read More Race-Based Hostile Work Environment Claim, While Based on “Scant” Allegations, Survived Dismissal
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In Makhsudova v. City of New York et al, 2022 WL 1571152 (S.D.N.Y. May 18, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Hostile Work Environment Claims, Asserted by Muslim Uzbek Woman, Survive Dismissal
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In Lewis v. Exelon Corp., et al., 21-cv-3299, 2022 WL 1556329 (D.D.C. May 17, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: According to Lewis, his supervisor’s behavior was “severe and pervasive,” Compl. ¶ 17, but this is a conclusory allegation that the Court need not take as true.…

Read More Disability (Asthma)-Based Hostile Work Environment Claim Dismissed
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On May 17, 1954, in Brown v. Board of Ed. of Topeka, 347 U.S. 483 (1954), the U.S. Supreme Court unanimously held that the doctrine of “separate but equal” (announced by the Court in Plessy v. Ferguson, 163 U.S. 537, 16 S.Ct. 1138 (1896)), as applied to public schoolchildren, was inconsistent with the Fourteenth Amendment’s…

Read More On This Day: Brown v. Board of Education, 347 U.S. 483 (1954)
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In Rippstein v. Boeing Company, et al, 2022 WL 1522155 (D.Ariz. May 13, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant next argues that the three anonymous emails sent to Plaintiff’s…

Read More Title VII Hostile Work Environment Claim Survives Summary Judgment Against Boeing; Evidence Included Death Threats
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