Articles

Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, is a comprehensive federal anti-discrimination statute that, inter alia, prohibits discrimination “because of” one’s race, color, religion, sex, and national origin, as well as retaliation for engaging in certain “protected activity.” But who does the statute protect, specifically?[1]Other laws specifically extend their protections…

Read More Am I an “Employee” for Purposes of Title VII?

Workplace harassment occurs in a variety of forms and contexts; it is impossible to identify all of the factual permutations that might give rise to an actionable employment discrimination/hostile work environment claim. One form in which harassment, or “hostile work environment”, claims arise is when the victim/plaintiff is┬ádirectly┬átargeted – e.g., misogynistic or racial comments made…

Read More “Second-Hand” Harassment

Retaliation, in the employment discrimination context, has a very specific meaning – namely, subjecting an employee to one or more “adverse employment actions” because the employee engaged in “protected activity.” Frequently, retaliation occurs during the course of employment. But what about retaliation after the employee has left the employer? Courts recognize that “Title VII prohibits…

Read More Post-Employment Retaliation; “Blacklisting”

In employment law, a “constructive discharge” occurs when an employer intentionally creates an intolerable work atmosphere that forces the plaintiff to quit involuntarily. See Andersen v. Rochester City Sch. Dist., 481 Fed.Appx. 628, 632 (2d Cir.2012); see also Walsh v. Scarsdale Union Free School District, 2019 WL 1316486 (S.D.N.Y. 2019) (“In addition to an objectively…

Read More Threats of Termination & Constructive Discharge

One type of personal injury (negligence) claim is the so-called “negligent security” claim – which is itself a type of “premises liability” claim. In this type of case, the plaintiff asserts that the property owner or landlord failed to take necessary precautions to prevent harm arising from the alleged failure to provide adequate security. (One…

Read More “Negligent Security” Premises Liability Claims in New York