Pleading

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In Roper, Kamala v. The City of New York, Frantz Souffrant, Joseph Antonio, No. 528198/2022, 2023 N.Y. Slip Op. 51299(U), 2023 WL 8247927 (Sup Ct, Nov. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claims asserted under the New York State and City Human Rights Laws. After…

Read More NYPD Officer’s Sex-Based Hostile Work Environment Claims Survive Dismissal Under the NYS and NYC Human Rights Laws
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In Luo v. AIK Renovation Inc. et al, 23-cv-5878 (LJL), 2023 WL 8113437 (S.D.N.Y. Nov. 22, 2023), the court, inter alia, held that plaintiff sufficiently alleged employment discrimination (disparate treatment) based on his Chinese descent, and denied defendant’s motion to dismiss. From the decision: Plaintiff has pleaded sufficient facts to give rise to a claim…

Read More Employment Discrimination Claims, Based on Chinese Descent, Survive Dismissal
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In Perez v. The City of New York, No. 111768/2011, 2023 WL 8035671 (N.Y. Sup Ct, New York County Nov. 20, 2023), the court, inter alia, denied defendant City of New York’s motion for summary judgment as to plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision:…

Read More NYPD Officer’s Retaliation Claims Against City of New York Survive Summary Judgement
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In Kayode v. Merrick B. Garland, Case No. 1:22-cv-03802 (TNM), 2023 WL 8083638 (D.D.C. Nov. 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. Here, in sum, plaintiff alleged that she was treated in a “rude”, “offensive”, and…

Read More Title VII Hostile Work Environment Claim, Based on Supervisor’s Conduct, “Barely” Survives Dismissal
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In D’Cunha v. Northwell Health Systems, 2023 WL 7986441 (2d Cir. Nov. 17, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s sex/pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that she was terminated due to her having not received the COVID vaccine, notwithstanding…

Read More 2nd Circuit Affirms Dismissal of Sex/Pregnancy Discrimination Claim Arising From Termination Due to Not Receiving COVID Vaccine
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In Eustache v Board of Education of City School District of City of New York, No. 153619/19, 2022-01128, 998, 2023 N.Y. Slip Op. 05684, 2023 WL 7497614 (N.Y.A.D. 1 Dept., Nov. 14, 2023), the court, inter alia, modified a lower court order, to deny the Department of Education’s motion to dismiss plaintiff’s race- and sex-discrimination…

Read More Race Discrimination, Sexual Harassment Claims Sufficiently Alleged Against NYC Board of Education
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In Mesbah v. University of Louisville, Civil Action No. 3:22-CV-567-CHB, 2023 WL 6050232 (W.D.Ky. Sept. 15, 2023), 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 and the Kentucky Civil Rights Act. As to whether the alleged…

Read More Sexual Harassment Claims Sufficiently Alleged; Allegations Included Date Requests, Inappropriate Touching, and Staring
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In Sunkins v. Hampton Roads Connector Partners, No. 2:23cv91, 2023 WL 7411761 (E.D.Va. Nov. 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s allegations are based on alleged sexual comments made to her by…

Read More Hostile Work Environment Sexual Harassment Claims Survive Dismissal; Allegations Included Supervisor’s Direct Sexual Proposition Following Complaint
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In Alatorre v. Ole Mexican Foods, Inc., Case No. CIV-21-01057-JD, 2023 WL 7308117 (W.D.Okla. Nov. 6, 2023), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964, and thus denied defendant’s motion to dismiss. From the decision: Here, Alatorre has pled…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Sexual Comments and Attempted Touching
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In Lorefice v. State of New York et al, 2022-2037-cv, 23 WL 7271838 (2d Cir. Nov. 3, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s decision granting defendants’ motion for judgment on the pleadings on plaintiff’s claim of gender discrimination under Title VII of the Civil Rights Act of…

Read More 2nd Circuit Rejects “Gender Stereotyping” Claim Asserted by Terminated Alleged Sexual Harasser
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