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Title VII

In Garvey v. Childtime Learning Ctr., No. 5:16-CV-1073, 2017 WL 1378179 (N.D.N.Y. Apr. 13, 2017), the Judge McAvoy adopted Magistrate Judge Baxter’s Report and Recommendation that plaintiff’s discrimination claim under Title VII of the Civil Rights Act of 1964 – based on the failure to hire him due to his perceived sexual orientation – be […]

In McLane Co. v. E.E.O.C., No. 15-1248, 2017 WL 1199454 (U.S. Apr. 3, 2017), as revised (Apr. 3, 2017), the U.S. Supreme Court held that a district court’s decision to enforce or quash an EEOC subpoena should be reviewed for abuse of discretion, and not (as the Ninth Circuit held) de novo. The facts of the […]

In Richard v. N.Y. City Dep’t of Educ., No. 16-CV-957 (MKB), 2017 WL 1232498 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964, and therefore denied defendant’s motion to dismiss that claim under Federal Rule of Civil Procedure 12(b)(6).[1]The court granted defendant’s […]

In Black v. Buffalo Meat Serv., Inc., No. 15CV49S, 2017 WL 1196469 (W.D.N.Y. Mar. 31, 2017) – a race/sex hostile work environment and constructive discharge case – the court ruled on the parties’ respective discovery motions. The facts, as summarized by the court: Plaintiff claims that defendants created a hostile work environment on the basis […]

In Green v. Jacob & Co. Watches, Inc., No. 15 CIV. 3611 (PAC), 2017 WL 1208596 (S.D.N.Y. Mar. 31, 2017), the court held, inter alia, that plaintiff – an African American man who held the title of Director of Security for Jacob & Co. – plausibly alleged discrimination, hostile work environment, and retaliation claims under federal, […]

The U.S. Court of Appeals for the Seventh Circuit recently held, in Hively v. Ivy Tech Community College of Indiana (No. 15-1720) (April 4, 2017), that discrimination because of sexual orientation is discrimination based on “sex” in violation of Title VII. From the opinion: Title VII of the Civil Rights Act of 1964 makes it […]

In a recent Manhattan federal court lawsuit, Ahmed v. American Museum of Natural History (SDNY 17-2095 filed March 23, 2017), the male plaintiff asserts that he was subjected to retaliation for opposing sexual harassment by his boss (Samuel Tran) of a female colleague, in violation of Title VII of the Civil Rights Act of 1964 […]

In Christensen v. Omnicom Group Inc., No. 16-748, 2017 WL 1130183 (2d Cir. Mar. 27, 2017), the Second Circuit overturned a lower court decision that dismissed (under Federal Rule of Civil Procedure 12(b)(6)) the discrimination claim by plaintiff, an openly gay man, under Title VII of the Civil Rights Act of 1964. In sum, the Second […]

In Meyer v. New York State Office of Mental Health (2d Cir. 16-1163-cv March 10, 2017) (summary order), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s gender and religious discrimination claims. As to plaintiff’s gender discrimination claim, the court explained: Even assuming arguendo that Meyer made a prima facie case of gender discrimination, […]

In Carris v. First Student, Inc., 15-3350 (2d Cir. March 8, 2017) (summary order), the Second Circuit vacated the dismissal of plaintiff’s Title VII race discrimination claim. The law: To survive a motion to dismiss, a Title VII plaintiff does not have to plead a full prima facie case pursuant to the first stage of […]