Court: SDNY

In Elgalad v. New York City Department of Education, et al., 2024 WL 621617 (S.D.N.Y. Feb. 14, 2024), the court, inter alia, denied defendants’ motion for summary judgment on his retaliation claims asserted under the New York State and City Human Rights Laws. After summarizing the “black letter” law as to this claim, the court…

Read More Teacher’s Retaliation Claims Survive Summary Judgment, in Part
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In Dobney v. The Walt Disney Company et al, 23-CV-5380 (JPO), 2024 WL 325336 (S.D.N.Y. Jan. 29, 2024), the court denied defendants’ motion to dismiss plaintiff’s various discrimination claims – including disparate treatment and constructive discharge – under the New York State and City Human Rights Laws. From the decision: First, Dobney sufficiently pleads a…

Read More Race Discrimination Claims Sufficiently Alleged; Allegations Include Burdens, Assignment of Disproportionately Heavy Workload, and Constructive Discharge
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In Herrera et al v. New York City Department of Education et al, 1:21-cv-7555-MKV, 2024 WL 245960 (S.D.N.Y. Jan. 23, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiffs’ (who are white) race-based discrimination claim asserted under 42 U.S.C. § 1983. In sum, as summarized by the court, “[p]laintiffs are white…

Read More Race Discrimination Claim Survives Summary Judgment Against NYC Department of Education
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In Mitura v. Finco Services, Inc. et al, 23-CV-2879 (VEC), 2024 WL 232323 (S.D.N.Y. Jan. 22, 2024), the court, inter alia, held that plaintiff sufficiently alleged an “interference” claim under the New York City Human Rights Law. From the decision: The NYCHRL makes it unlawful “to coerce, intimidate, threaten or interfere with, … any person…

Read More NYC Human Rights Law “Interference” Claim Survives Dismissal
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In Eliav v. Roosevelt Island Operating Corporation et al, 2024 WL 196477 (S.D.N.Y. Jan. 18 2024), the court, inter alia, held that plaintiff failed to allege a religion-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has adequately alleged that he subjectively perceived the work…

Read More Hostile Work Environment Claims Dismissed; Comments Deemed “Petty Slights”
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In Anderson v. City of New York, 2024 WL 183103 (S.D.N.Y. Jan. 17, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claims. As to plaintiff’s claim under Title VII of the Civil Rights Act of 1964, the court explained: Plaintiff alleges after FDNY assigned her to the morning shift,…

Read More FDNY Paramedic’s Hostile Work Environment Claims Dismissed
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In Bethea, Diamin v. Winfield Security Corporation, 23 Civ. 922 (AT), 2023 WL 8650004 (S.D.N.Y. Dec. 14, 2023), the court, inter alia, denied defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York…

Read More Retaliation Claims, Arising From Removal From Schedule Shortly After Pregnancy Accommodation Request, Sufficiently Alleged
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In Koonce v. Whole Foods Market Group, Inc., 2023 WL 8355926 (S.D.N.Y. Dec. 1, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under the New York State Human Rights Law. From the decision: Here, plaintiff’s allegations satisfy the minimal burden necessary to state a race discrimination claim…

Read More Race Discrimination Claim Plausibly Alleged Against Whole Foods, Court Holds
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In Stanley v. Mount Sinai Health System, Inc. et al, 2023 WL 8355393 (S.D.N.Y. Dec. 1, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s retaliation claims arising from her complaints about race-based comments allegedly made by plaintiff’s supervisor. (The court granted defendants’ motion for summary judgment as to her hostile…

Read More Retaliation Claims, Arising From “Heightened Scrutiny” Following Complaints of Race Discrimination, Survive Summary Judgment
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In Holcomb v. Optumhealth, Inc., 2023 WL 6466352 (S.D.N.Y. Oct. 4, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. This decision presents a unique fact pattern that is likely to recur as remote-only work becomes the norm…

Read More Title VII Race Discrimination Claim Dismissed; No Evidence That Plaintiff’s Manager Knew She Was African American
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