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Title VII of the Civil RIghts Act of 1964

In Cromwell-Gibbs v. Staybridge Suite Times Square, No. 16 CIV. 5169 (KPF), 2017 WL 2684063 (S.D.N.Y. June 20, 2017), the court dismissed plaintiff’s Title VII race-based hostile work environment claim. The facts, in sum: Plaintiff Merrill Cromwell-Gibbs, an African-American woman, is the former Director of Housekeeping at Defendant Staybridge Suites Times Square [] In 2015, […]

In Wooding v. Winthrop University Hospital et al, No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017) (J. Spatt), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6). It held that plaintiff plausibly alleged various claims, including race discrimination, retaliation, and hostile […]

In Franchino v. Terence Cardinal Cook Health Care Ctr., Inc., No. 16-2383-CV, 2017 WL 2392473 (2d Cir. June 2, 2017) (Summary Order), the Second Circuit held that plaintiff sufficiently alleged an age discrimination, but not sex or national origin discrimination, claims. Discrimination Pleading Standards Initially, the court provides an overview/summary of the pleading standards that determine […]

In Burgos v. Works, No. 13-CV-704S, 2017 WL 2403305, at *8–9 (W.D.N.Y. June 2, 2017), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s race and sex-based hostile work environment, race and sex-based adverse-action discrimination, and retaliation claims.[1]However, it dismissed plaintiff’s age-based hostile work environment and discrimination claims under the Age Discrimination […]

In Berrie v. Bd. of Educ. of Port Chester-Rye Union Free Sch. Dist., No. 14-CV-6416 (CS), 2017 WL 2374363 (S.D.N.Y. May 31, 2017) (J. Seibel), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State […]

In O’Toole v. Cty. of Orange, No. 16 CIV. 2059 (NSR), 2017 WL 2377999 (S.D.N.Y. May 31, 2017), the court denied defendants’ motion to dismiss plaintiff’s Title VII gender discrimination and retaliation claims. As to her gender discrimination claim, the court explained: Fratto first alleges that she was subjected to disparate treatment on the basis of […]

In Rodriguez v. Dickard Widder Indus., No. 19323/13, 2017 WL 2259841 (N.Y. App. Div. 2d Dept. May 24, 2017) – arising from plaintiff’s allegations of sexual harassment and retaliation – the court held that “the plaintiff’s State law causes of action under the NYSHRL and the NYCHRL are barred by her election of an administrative remedy” since […]

In Toombs v. N.Y. City Hous. Auth., No. 16-CV-3352-LTS, 2017 WL 1169649 (S.D.N.Y. Mar. 27, 2017), the court held that plaintiff plausibly alleged race discrimination, hostile work environment, and retaliation, but dismissed her failure-to-accommodate “associational” disability discrimination claim under the Americans with Disabilities Act. Plaintiff, a black female NYC Housing Authority Caretaker, alleged “that she […]

In Dickens v. Hudson Sheraton Corp. LLC, No. 16-969-CV, 2017 WL 1755941 (2d Cir. May 4, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s Title VII retaliation claim. Plaintiff contended that he was retaliated against for his participation in a union-sponsored meeting in which he was attempting to oppose what he reasonably viewed […]

In Dotson v. City of Syracuse, No. 15-3631, 2017 WL 1437131, at *2 (2d Cir. Apr. 24, 2017) (Summary Order), the Second Circuit held that the district court improperly dismissing plaintiff’s gender discrimination claim. Among other things, this decision teaches that at the “pretext” step of the discrimination claim analysis, the evidence must be considered […]