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In Abubakar v. Walmart, Inc., Case No. 21-cv-06248, 2022 WL 14632902 (N.D.Ill. Oct. 25, 2022), the court granted defendant’s motion to dismiss plaintiff’s claims of discrimination based on color, age, national origin, religion, and race. From the decision: Walmart contends that Abubakar failed to state facially plausible claims for discrimination based on color, age, national…

Read More Discrimination Claims Dismissed Against Walmart; Alleged Translation Requests Etc. Deemed Insufficient
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In Taylor v. Kaiser Foundation Health Plan of Colorado, No. 21-cv-00012-NYW-NRN, 2022 WL 16855697 (D.Colo. Nov. 10, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of a race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds that…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment, Notwithstanding Lack of “Overt” Racial Statements or Slurs
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In Estevez v. Berkeley College et al, 2022 WL 16843460 (2d Cir. Nov. 10, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: With respect to the Employees’…

Read More 2nd Circuit Affirms Dismissal of Hostile Work Environment Claims Against Berkeley College
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In a recent case, Martino v. Chenel Capital, LLC et al, No. 154267/2022, 2022 WL 16743358 (N.Y. Sup Ct, New York County Nov. 02, 2022), the court granted plaintiff’s motion for a default judgment against defendants. This decision provides some insight into the nuts-and-bolts of obtaining a default judgment, following the defendants’ failure to answer…

Read More Sexual Harassment Default Judgment Issued; Liability and Damages to be Determined at Inquest
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In Conahan v. Medquest Ltd., et al, 20-cv-1325 (LJL), 2022 WL 16748585 (S.D.N.Y. Nov. 7, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of age discrimination asserted under the New York State and City Human Rights Laws. From the decision: The Second Circuit has stated that stray-age related remarks…

Read More Age Discrimination Claim, Based on Pre-Termination Age-Related Remarks, Survives Summary Judgment
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In Grant v. Baltimore City Police Department, Civil Action No. RDB-21-2173, 2022 WL 16746703 (D.Md. Nov. 7, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964. From the decision: A plaintiff alleging unlawful retaliation must show that there exists a “but-for” connection between…

Read More Retaliation Claim, Arising From Alleged Transfer Denial Following Complaint of Racial Slur, Sufficiently Alleged
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In Hester v. Board of Education of Prince George’s Cnty., Civil Action No. TDC-22-0128, 2022 WL 7088293 (D.Md. October 12, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a sex-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. As to whether the alleged…

Read More Teacher’s Title VII Sex/Sexual Orientation-Based Hostile Work Environment Claim Survives Dismissal
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In Wells-Marshall v. Auburn University et al, 2022 WL 16701108 (M.D.Ala. 2022), the court dismissed plaintiff’s race-based hostile work environment claim. From the decision: Wells-Marshall avers that, over the course of several months, she inherited a “sinking ship” of a department, she was verbally berated by a subordinate who she wanted to reprimand but who…

Read More Race-Based Hostile Work Environment Claim Dismissed Against Auburn University
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In Sicola v Cushman & Wakefield, No. 160229/15, 16600, 2021-03378, 2022 N.Y. Slip Op. 06185, 2022 WL 16640723, at *2 (N.Y.A.D. 1 Dept., Nov. 03, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim asserted under California law (specifically, California’s Fair Employment and Housing Act, or FEHA). From the decision: To make out…

Read More Age Discrimination Dismissal Affirmed; “Old School” and Other Comments Held Insufficient
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In Truitt v. Salisbury Bank and Trust Company, 2022 WL 14995367 (2d Cir. Oct. 27, 2022), the U.S. Court of Appeals vacated a lower court order that granted defendant summary judgment on plaintiff’s claim that defendant discriminated against him for engaging in “political activities” in violation of New York Labor Law § 201-d. In this case,…

Read More Second Circuit Vacates Dismissal of NY Labor Law § 201-d “Political Activities” Discrimination Claim
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