Employment Discrimination Sufficiently Alleged

In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Age Discrimination Claims Sufficiently Alleged Against NYC Dept. of Education
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In Gough v. Remedy Partners, LLC, No. 650623/2020, 2022 WL 2612436 (N.Y. Sup Ct, New York County July 07, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of age discrimination asserted under the New York State and City Human Rights Laws. From the decision: The complaint alleges that plaintiff was terminated…

Read More Age Discrimination Sufficiently Alleged; Plaintiff Was Terminated and Replaced by Employee 10 Years Younger
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In Díaz-Zayas v. Municipality of Guaynabo, et al, No. 18-1668 (RAM), 2022 WL 1322657 (D.Puerto Rico April 27, 2022), the court, inter alia, denied defendant’s Rule 12(b)(6) motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the factual allegations, in part, as…

Read More Quid Pro Quo Sexual Harassment Claim, Based on Alleged Conduct of Héctor O’Neill-García, Survives Dismissal
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In Basso v. Willow Run Foods, Inc., No. 3:21-cv-00811, 2022 WL 35927 (N.D.N.Y. Jan. 03, 2022), the court, inter alia, held that plaintiff sufficiently alleged disability discrimination under the Americans with Disabilities Act (ADA). From the decision: Willow Run’s first assertion, that Basso fails to allege an adverse employment action, is simply incorrect. Plaintiff clearly…

Read More Crohn’s Disease Suffering Plaintiff Sufficiently Alleges ADA Disability Discrimination Claim, Court Holds
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In Root v. City University of New York, No. 157151/2020, 2021 WL 4352697 (N.Y. Sup Ct, N.Y. Cty. Sept. 24, 2021) (Amended Sept. 27, 2021), the court held that plaintiff, a white/Caucasian Baruch College professor, sufficiently alleged race discrimination under the New York State and City Human Rights Laws. Plaintiff’s allegations concern a document called…

Read More White Baruch College Professor’s Race Discrimination Claims Survive Motion to Dismiss
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In Ramirez v. Temin & Company, Inc. et al, 20 Civ. 6258, 2021 WL 4392303 (S.D.N.Y. Sept. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged race, color, national origin, and sex discrimination under the New York City Human Rights Law. From the decision: Here, Ramirez alleges that [company owner] Temin suggested she…

Read More Race, Color, National Origin, Sex Discrimination Claims Sufficiently Alleged; Court Cites Comments Reflecting “Racial and Gendered Stereotypes”
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In Karupaiyan v. CVS Health Corp. et al, 19 Civ. 8814, 2021 WL 4341132 (S.D.N.Y. Sept. 23 2021), the court, inter alia, held that plaintiff sufficiently alleged claims of race discrimination against several defendants under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State and City Human…

Read More Race Discrimination Claims Survive Against CVS et al; Court Applies the “Stray Remarks” Doctrine
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In Thomas v. The City of New York, No. 150877/2021, 2021 WL 3624928 (N.Y. Sup Ct, New York County Aug. 10, 2021), the court, inter alia, held that plaintiff sufficiently alleged a claim for race discrimination under the New York City Human Rights Law. From the decision: A plaintiff states a claim of discrimination under…

Read More Discrimination Claim Against NYC, Based on Involuntary Overtime, Reassignment, and Replacement, Sufficiently Alleged
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In Avent v. Target Corporation et al, 19-1565, 2021 WL 3089120 (NDNY July 22, 2021), the court, inter alia, dismissed defendants’ motion to dismiss plaintiff’s race-based “adverse action” discrimination claims asserted under Title VII of the Civil Rights Act of 1964. (I wrote about the court’s assessment of plaintiff’s race-based hostile work environment claims here.)…

Read More Race Discrimination Claim, Based on “Adverse Actions”, Sufficiently Alleged Against Target
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In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff (a homosexual Hispanic male who alleges he suffers from panic disorder, anxiety, post-traumatic stress disorder (PTSD), claustrophobia, and HIV) sufficiently alleged a claim for hostile work…

Read More Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law Against NYC Health & Hospitals Corp.
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