Pleading

by

In Tuan v. Flatrate Moving Network LLC, 2020 WL 4606318 (SDNY August 11, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the law as follows: To establish a hostile work environment under Title VII … a plaintiff must…

Read More Hostile Work Environment Claim Dismissed; Conduct, Including “Sarcastic” and “Belittling” Remarks, Was Sporadic
Share This:
by

In Barton et al v. Warren County et al, 2020 WL 4569465 (N.D.N.Y. August 7, 2020), the court, inter alia, dismissed plaintiffs’ gender/pregnancy-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964.[1]Here, for the sake of narrowing the discussion, I’ll discuss the court’s evaluation of the claims asserted by…

Read More Pregnancy-Related Title VII Hostile Work Environment Claim Dismissed; Three Alleged Remarks in One-Month Period Insufficiently “Severe” or “Pervasive”
Share This:
by

In Allen v. City of New York et al, 18-cv-9663, 2020 WL 4287361 (SDNY July 27, 2020), the court, inter alia, dismissed plaintiff’s complaint alleging a hostile work environment claim under Title VII of the Civil Rights Act of 1964 Initially, the court dismissed plaintiff’s complaint, and provided plaintiff with an opportunity to amend her…

Read More Hostile Work Environment Claim Dismissed; Single Remark Insufficiently “Severe”
Share This:
by

In Farmer v. Shake Shack Enterprises, LLC et al, 2020 WL 4194860 (S.D.N.Y. July 21, 2020) (J. Engelmayer), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claims of hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. (Plaintiff did not…

Read More Pregnancy-Related Hostile Work Environment Claims Dismissed Against Shake Shack et al
Share This:
by

In Farmer v. Shake Shack Enterprises, LLC et al, 2020 WL 4194860 (S.D.N.Y. July 21, 2020) (J. Engelmayer), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of pregnancy discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Gender/Pregnancy Discrimination Claims Proceed Against Shake Shack et al
Share This:
by

In Benedetto v. New York State Office of Children and Family Services, 2020 WL 4049945 (N.D.N.Y. July 20, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disparate treatment gender discrimination claim, on the ground that plaintiff did not suffer an “adverse employment action.” (The court also denied defendant’s motion to dismiss plaintiff’s…

Read More Discrimination Claim Dismissed; “Less Desirable Shifts” Did Not Constitute an “Adverse Employment Action”
Share This:
by

In Benedetto v. New York State Office of Children and Family Services, 2020 WL 4049945 (N.D.N.Y. July 20, 2020), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision:…

Read More Gender-Based Hostile Work Environment Claim Stated; Allegations Included Use of “Gender-Based Slurs”
Share This:
by

In Lively v. WAFRA Investment Advisory Group, Inc. et al, 2020 WL 4038350 (S.D.N.Y. July 17, 2020), the court, inter alia, granted defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The complaint…

Read More Age Discrimination Claim Dismissed; Court Finds That Sexual Harassment Allegation Against Plaintiff Was a More Likely Cause of Termination Than “Remote” Age-Related Comment
Share This:
by

In Hernandez v. Premium Merchant Funding One, LLC et al, 2020 WL 3962108 (S.D.N.Y. July 13, 2020), the court, inter alia, 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. While the court found that certain “despicable if true” actions were…

Read More Sexual Harassment / Hostile Work Environment (Title VII) Claim Survives Dismissal; Some Alleged Conduct Not “Pervasive” But Alleged Touching/Grabbing Was “Severe”
Share This: