EEOC Practice

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In Barr v. Bass Pro Outdoor World, LLC, 17-cv-00378, 2019 WL 6828987 (N.D.N.Y. Dec. 13, 2019), the court granted summary judgment for defendant on plaintiff’s race-based hostile work environment claim. This case involves, inter alia, the application of the so-called “continuing violation doctrine”, and in particular the scenario where a portion of the alleged hostile…

Read More Hostile Work Environment Claim Held Time-Barred; Time Not Working for Defendant Couldn’t Be Considered
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In Robinson v. Medical Answering Service et al, 5:18-CV-1222, 2019 WL 5653378 (N.D.N.Y. Oct. 31, 2019), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964, on the ground that that claim was (a) not asserted in plaintiff’s EEOC filing, and (b) not “reasonably related”…

Read More Race Discrimination Claim Dismissed as Not Administratively Exhausted at the EEOC; Not “Reasonably Related” to EEOC Gender Discrimination Claim
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In Edo v. Antika Pizzeria Astoria, Inc., 15-cv-5605, 2019 WL 4602799 (E.D.N.Y. Sept. 23, 2019), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim, finding that it was not administratively exhausted at the U.S. Equal Employment Opportunity Commission (EEOC). From the decision: The court agrees with defendant’s argument that plaintiff’s hostile work environment…

Read More Hostile Work Environment Claim, Not Asserted at the EEOC, Dismissed
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Today the Supreme Court, in an opinion delivered by Justice Ginsburg, Ford Bend County, Texas v. Davis, No. 18-525, held that the EEOC charge-filing requirement, embodied in Title VII of the Civil Rights Act of 1964, is not “jurisdictional” (and thus does not relate to subject matter jurisdiction), but is rather a “claim-processing rul[] that…

Read More SCOTUS Holds That Title VII’s EEOC Charge-Filing Requirement is Not “Jurisdictional”
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From THOMAS GIBB, Plaintiff, v. TAPESTRY, INC. d/b/a Stuart Weitzman, Defendant., 2018 WL 6329403, at *5–6 (S.D.N.Y., 2018): Congress has unequivocally addressed the exclusive conditions under which Title VII complainants may bring a private suit in federal court. As this Court previously held in Henschke, “the language of section 2000e-5(f)(1) explicitly requires that one of two…

Read More Sexual Harassment Case Dismissed in Light of Premature EEOC Right-to-Sue Letter
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In Ray v. New York State Insurance Fund, 16-cv-2895, 2018 WL 3475467 (S.D.N.Y. July 18, 2018), the court, inter alia, dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964 because the plaintiff did not “exhaust administrative remedies.” The court summarized the law: “[E]xhaustion of administrative remedies through the EEOC…

Read More Hostile Work Environment Claim Dismissed Due to Lack of Administrative Exhaustion
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In Khater v. API Industries d/b/a Aluf Plastics, Inc., 2017 WL 6515531 (S.D.N.Y. Dec. 19, 2017), the court dismissed plaintiff’s hostile work environment claim because plaintiff failed to “exhaust administrative remedies” at the U.S. Equal Employment Opportunity Commission with respect to that claim. This decision illustrates the pitfalls present when pursuing federal employment discrimination claims,…

Read More Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC
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From Mikolaenko v. New York University, 2017 WL 4174928 (S.D.N.Y. Sept. 7, 2017) (J. Batts): Defendant also moves to dismiss on the grounds that Plaintiff failed to exhaust her administrative remedies because she first included allegations of a quid pro quo sexual relationship in her Complaint and did not include related allegations in her EEOC…

Read More “Quid Pro Quo” Sexual Harassment Claim Was Sufficiently Presented to the EEOC, Court Holds
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In Batiste v. The City University of New York, No. 16-CV-3358 (VEC), 2017 WL 2912525 (S.D.N.Y. July 7, 2017) (J. Caproni), the court dismissed plaintiff’s discrimination, hostile work environment, and retaliation claims. Among other things, it held that plaintiff failed to exhaust her administrative remedies in the U.S. Equal Employment Opportunity Commission (EEOC). “To present a…

Read More Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC
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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…

Read More SCOTUS Clarifies Standard For District Court Evaluation of EEOC Subpoenas in Employment Discrimination Cases
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