Pleading

In Black v. ESPN, Inc. et al, No. 155236/2020, 2021 N.Y. Slip Op. 50118(U), 2021 WL 668760 (Sup Ct NY Cty, Feb. 19, 2021), the court denied defendants’ motion to dismiss plaintiff’s disability discrimination, hostile work environment, and retaliation claims asserted under the New York State and City Human Rights Laws. In sum, plaintiff, a…

Read More Disability Discrimination, Hostile Work Environment, & Retaliation Claims Sufficiently Alleged Against ESPN et al
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In Bell v. SL Green Realty Corp. et al, 19 Civ. 8153, 2021 WL 516575 (SDNY Feb. 11, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claim asserted under 42 U.S.C. § 1981. From the decision: The Complaint alleges that Plaintiff is Hispanic. “[T]he existence of a Hispanic ‘race’ has…

Read More Race Discrimination Claim Sufficiently Alleged Against SL Green Realty Corp.
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In Bell v. SL Green Realty Corp. et al, 19 Civ. 8153, 2021 WL 516575 (SDNY Feb. 11, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. From the decision: To state a hostile work environment claim, the Complaint must plausibly allege that her “workplace is permeated with discriminatory intimidation, ridicule,…

Read More Sexual Harassment Claim Dismissed Against SL Green Realty Corp.
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In Denson v. Donald J. Trump for President, Inc., No. 101616/2017, 2021 WL 256624 (N.Y. Sup Ct, New York County Jan. 11, 2021), the court, inter alia, granted plaintiff’s motion to amend her complaint to add a claim for retaliation arising from defendants’ commencement of an arbitration proceeding in response to her lawsuit alleging a…

Read More Sex-Discrimination Plaintiff May Amend Complaint to Assert Arbitration-Related Retaliation Claim Against Trump Campaign
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In Herz v. City of New York et al, 2021 WL 134528 (S.D.N.Y.  Jan. 14, 2021), the court, inter alia, held that the plaintiff did not plausibly plead a claim of age- and tenure-based discrimination under the New York State Human Rights Law. The court found the case of Gundlach, 11 Civ. 846, 2012 WL 1520919…

Read More Teacher’s Age Discrimination Claim Dismissed; Allegation of Tenure and Length of Employment Insufficient
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In Brittany McHenry v. Fox News Network et al, 2020 WL 7480622 (S.D.N.Y. Dec. 18, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of gender discrimination and sexual harassment asserted under the New York City Human Rights Law. From the decision: The Amended Complaint adequately pleads claims against Murdoch for sexual…

Read More Gender Discrimination/Sexual Harassment Claims Sufficiently Stated Against George Murdoch by Brittany McHenry
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In Taylor v. Baylar, No. 151924/2020, 2020 WL 6435450, 2020 N.Y. Slip Op. 33610(U) (N.Y. Sup Ct, New York County Oct. 22, 2020), the court denied defendants’ motion to dismiss plaintiff’s claims for pregnancy discrimination under the New York State and City Human Rights Laws. As to the state law claim, the court held: Plaintiff’s…

Read More Pregnancy Discrimination Claim Sufficiently Alleged Under New York’s “Notice Pleading” Standard
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In Durand et al v. Excelsior Care Group LLC et al, 2020 WL 7246437 (E.D.N.Y. Dec. 9, 2020), the court, inter alia, dismissed plaintiffs’ claims under the Equal Pay Act, 29 U.S.C. § 206(d). From the decision: After reviewing the SAC [Second Amended Complaint], the court concludes that plaintiffs failed to state an Equal Pay…

Read More Equal Pay Act Claim Dismissed; Mere Recitation of Statutory Language and Job Titles Insufficient
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In Cain v. North Country Community College et al, 2020 WL 7230722 (N.D.N.Y. Dec. 8, 2020), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1983. In sum, plaintiff – an African American female adjunct professor – claimed that she was passed over for a promotion by two…

Read More Race-Based Hostile Work Environment Claim Against Upstate Community College Dismissed
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In Renk v. Renk, No. 153019/2020, 2020 WL 7046642 (N.Y. Sup Ct, New York County Nov. 25, 2020), the court, inter alia, dismissed plaintiff’s age-based hostile work environment claim asserted under the New York State and City Human Rights Laws. From the decision: To establish a hostile work environment under the NYSHRL and NYCHRL, plaintiff…

Read More Lacking Link to Plaintiff’s Age, Plaintiff’s Age-Based Hostile Work Environment Claim Fails
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