In Alegre v. The City of New York, No. 157532/2022, 2024 WL 2747895 (N.Y. Sup Ct, New York County May 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: Plaintiff’s complaint and amended complaint interpose causes of action for race discrimination, hostile work environment, and arrest history discrimination under both the NYSHRL and the NYCHRL. To state a cause of action for race discrimination under the NYSHRL, a plaintiff must plead factual allegations ..read more

In Palmer v. Starbucks Corporation et al, 23 Civ. 6951 (JPC), 2024 WL 2779032 (S.D.N.Y. May 28, 2024), the court granted defendants’ motion to compel arbitration of plaintiff’s discrimination and hostile work environment claims and stayed the action pending arbitration. From the decision: Palmer has failed to show a genuine issue of material fact to warrant a summary trial on whether he entered into the Arbitration Agreement. Palmer presents no reason to question the integrity or accuracy of any of the detailed information in the Daly Affidavit regarding the employee application and onboardin ..read more

In Cumby, Jackson v. Sunbelt Rentals, Inc., Case No. 23-CV-06565-FPG, 2024 WL 2725183 (W.D.N.Y. May 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Here, at this early stage of proceedings, Plaintiff has plausibly alleged that his termination, which constitutes an adverse employment action, occurred “under circumstances giving rise to an inference of discrimination.”4 Gorzynski, 596 F.3d at 107-08. It is undisputed that Plaintiff was terminated by D ..read more

In Cavanagh v. Idexx Laboratories, Inc., No. 2:23-cv-00273-NT, 2024 WL 2724195 (D.Me. May 28, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex and retaliation-based hostile work environment claims. From the decision: Nelson’s campaign succeeded in souring other IDEXX employees’ opinions of Cavanagh. Due to this souring, IDEXX made Cavanagh jump through hoops not required for her male colleagues when she sought a promotion. Nelson and another male employee disregarded positive feedback about Cavanagh when it came from senior female leaders. The campaign of neg ..read more

In Beauchine v. City of Syracuse, New York et al, 5:21-cv-00845 (BKS/TWD), 2024 WL 2700874 (N.D.N.Y. May 24, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination claim asserted under 42 U.S.C. § 1983 and the New York State Human Rights Law. In analyzing this claim, the court applied the three-step burden-shifting standard set forth in McDonnell Douglas Corporation v. Green, 411 U.S. 792 (1973). After finding that plaintiff presented a prima facie case of discrimination, and that defendants articulated a legitimate, nondiscriminatory ..read more

In Dawn v. Nexdine Hospitality, 2024 WL 2258333 (S.D.Fla. May 16, 2024), the court, inter alia, granted 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. From the decision: The Court finds that Plaintiff has not pled facts demonstrating severe or pervasive harassment.3 To prevail on a sexual harassment claim, a plaintiff must plead sufficient facts to show, in relevant part, the harassment was so “severe or pervasive [as] to alter the terms and conditions of employment and create a discrimina ..read more

In Azanedo v. Alaris Health at Castle Hill, 2024 WL 1727654 (N.J.Super.A.D., 2024), the court, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claim. From the decision: After examining the record on appeal, and considering the proofs as a whole, whether plaintiff was called a “bitch” on a “daily” basis or whether she ever reported these allegations to defendants there is no evidence of any physical threats to satisfy prong two. Furthermore, we observe that plaintiff admitted at her deposition that she referred to certain Alaris employees as “bitch” during ..read more

In Higgins v. Gladstone Gallery LLC, No. 150934/2022, 2024 WL 2244767 (N.Y. Sup Ct, New York County May 14, 2024), inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: In the amended complaint, plaintiff alleges that she complained to Gladstone on three occasions about conduct violating New York State and City laws: the disparity of pay between male and female employees, reverse discrimination, and an employee subject to sexual orientation discrimination. Here, plaintiff alleges a cl ..read more

In Thomas v. City of New York, No. 159891/2022, 2024 WL 2274935 (N.Y. Sup Ct, New York County May 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: The City next moves to dismiss Plaintiff’s second cause of action for hostile work environment under the NYCHRL. To state a cause of action for hostile work environment under the NYCHRL, a plaintiff must allege that they were treated “differently” or “less well” than other employees because of a protected status (As ..read more

In Aleasta Callahan v. Xayah Enterprises, LLC, No. 23 CV 3265, 2024 WL 2113092 (N.D.Ill. May 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge/sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that plaintiff’s sex discrimination claim is implausible because it involves, “at most, a personal interaction with an individual, Jerry, whose conduct, while disgusting and repulsive, was not intentionally discriminatory.” This argument, just like defendant’s earlier argument, simply fails ..read more