Continuing Violation Doctrine

In Hortas v. Weill Cornell Medical College, No. 162604/2019, 2022 WL 17325643 (N.Y. Sup Ct, New York County Nov. 29, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s constructive discharge/sexual harassment/hostile work environment claim on timeliness grounds. From the decision: A liberal reading of plaintiff’s complaint shows she alleged sexual harassment by…

Read More Constructive Discharge Claim, Based on Allegations of Hostile Work Environment/Sexual Harassment, Sufficiently Alleged
Share This:

In Klymn v. Monroe County Supreme Court et al, 2022 WL 16950048 (W.D.N.Y. Nov. 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted against a former New York State Supreme Court Judge. As to the sufficiency of the allegations, the court explained: Lastly, having…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Former Judge; Acts Dating Back to 2005 May be Considered
Share This:

In Paladino v. Rochester Institute of Technology, Case # 22-CV-6028-FPG, 2022 WL 4922289 (W.D.N.Y. Oct. 4, 2022), the court dismissed, as untimely, plaintiff’s sex/sexual-orientation discrimination claim (based on defendant’s alleged failure to promote her) asserted under Title VII of the Civil Rights Act of 1964. This case illustrates the difference between claims premised on a…

Read More Court Dismisses Discrete Title VII “Failure to Promote” Claim as Untimely
Share This:

In White v. Manhattan and Bronx Surface Transit Operating Authority et al, 18 Civ. 3627 (GBD), 2022 WL 4227289 (S.D.N.Y. Sept. 13, 2022), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim. Applying the law, the court held: After reviewing the entire record and assessing the facts…

Read More Sex-Based Hostile Work Environment Claim Dismissed Against MABSTOA
Share This:

In Seemungal v. New York State Dept. of Financial Services, No. 151495/2021, 2022 WL 2191380 (N.Y. Sup Ct, New York County June 17, 2022), the court dismissed plaintiff’s claims for sex discrimination, retaliation, and hostile work environment under the New York State Human Rights Law. As to plaintiff’s discrimination claim, the court explained: As an…

Read More Sex Discrimination Claims Dismissed Against NYS Department of Financial Services
Share This:

In Mondelo v. Quinn, Emanuel, Urquhart & Sullivan, LLP et al, 21-cv-02512, 2022 WL 524551 (SDNY Feb. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s Spanish Ethnicity/Ancestry/National Origin-based hostile work environment claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights…

Read More Spanish Ethnicity/Ancestry/National Origin Hostile Work Environment Claim Survives Against Quinn, Emanuel Law Firm
Share This:

In Bonterre v. City of New York et al, 18 Civ. 745, 2021 WL 4060358 (SDNY Sept. 7, 2021), the court, inter alia, denied defendants’ motion – under Federal Rule of Civil Procedure 12(c) – to dismiss plaintiff’s sexual harassment / hostile work environment claim. The court explained: In [the Second] Circuit, courts determining whether…

Read More Sexual Harassment Claim, Based on “Broomstick” Incident, Survives Dismissal
Share This:

In a recent case emanating from the Northern District of Illinois, Miller v. Northeast Illinois Regional Commuter Railroad Corp., No. 20 C 414, 2021 WL 3883080 (N.D.Ill. Aug. 31, 2021), the court denied defendants’ motion to dismiss plaintiff’s claim of sexually hostile work environment. This case is instructive as to how courts evaluate the situation…

Read More Sexual Harassment Claim, Based on Photo and Vulgar Comments, Sufficiently Alleged
Share This:

In Roberts v. The Sage Corporation et al, 20-cv-365, 2021 WL 3617670 (NDNY Aug. 16, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In contrast to Title VII discrimination and retaliation claims, hostile work environment claims involve a…

Read More Hostile Work Environment Claim Dismissed; Post-Employment Conduct Not Actionable
Share This:

In Gerald v. DCV Holdings, Inc., et al, 17-CV-6525, 2021 WL 2809915 (E.D.N.Y. July 6, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State Human Rights Law, and…

Read More Race Discrimination Claims Survive Summary Judgment; Court Notes Evidence of Decades-Long Egregious Discrimination, Abuse, and Racist Language
Share This: