Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. 42 U.S.C. 2000e et seq. (emphasis added). The statute further provides that The term “religion” includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is…
Read More What is “Religion” Within the Meaning of Title VII?In Alhaj v New York City Health and Hospitals Corporation, No. 501052/2016, 2022 N.Y. Slip Op. 22318, 2022 WL 7256572 (N.Y. Sup. Ct. Kings Cty. Oct. 10, 2022), the court denied defendant’s motion for summary judgment on plaintiff’s race, national origin, and religion-based discrimination claims. From the decision: This court finds that Chaikin’s comment that…
Read More Citing 9/11 Comment, Court Denies Summary Judgment on Discrimination Claim Asserted by Syrian Muslim PlaintiffIn Stancu v. New York City/Parks Dept., 20-CV-10371(ALC), 2022 WL 4581844 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To establish a hostile work environment … a plaintiff must show…
Read More Religion-Based Hostile Work Environment Claim Sufficiently AllegedIn Matias v. Montefiore Medical Center et al, No. 20-CV-2849 (VEC), 2022 WL 4448585 (S.D.N.Y. Sept. 23, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s claim of religion-based hostile work environment. From the decision: Defendants argue that Plaintiff has not identified any sufficiently severe or pervasive statements or conduct that would constitute…
Read More Catholic’s Religion-Based Hostile Work Environment Claim Dismissed; “Run of the Mill” Workplace Disputes Were Not ActionableIn Werahera v. Regents of University of Colorado, No. 21-cv-02776-NYW, 2022 WL 3645979 (D.Colo. August 24, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After explaining the “black letter” law and elements of this claim, the…
Read More Religion and National Origin Discrimination Claims Survive Motion to Dismiss Against Regents of the University of ColoradoIn Saleh v. Pretty Girl, Inc. et al, No. 09-CV-1769 (RER), 2022 WL 4078150 (E.D.N.Y. Sept. 6, 2022), the court, inter alia, held that plaintiff presented sufficient evidence to support a jury verdict on plaintiff’s hostile work environment claims. From the decision: Plaintiff presented abundant evidence at trial to demonstrate to a jury that, under…
Read More Harassing Comments, Assault Sufficient to Support Hostile Work Environment Jury VerdictIn a recently-filed lawsuit, captioned Equal Employment Opportunity Commission v. Aurora Renovations and Developments, LLC d/b/a Aurora Pro Services, M.D. North Carolina, 1:22-cv-00490 (June 27, 2022), the EEOC asserts religion-based discrimination under Title VII of the Civil Rights Act of 1964. In the complaint, the EEOC alleges, inter alia, that one employee (McGaha) “was terminated…
Read More EEOC Religious Discrimination Lawsuit Against Aurora Renovations and DevelopmentsIn Thange v. Oxford Global Resources, LLC, 19-5979 (ES) (JRA), 2022 WL 2046938 (D.N.J. June 7, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race, religion, and national origin-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. The court summarized the elements of…
Read More Race, Religion, National Origin Hostile Work Environment Claims Survive Summary Judgment; Evidence Included “Jihadi” CommentIn Gangadharan v. GNS Goods and Services, et al, 18-cv-7342, 2022 WL 824135 (E.D.N.Y. March 18, 2022), the court, inter alia, granted plaintiff’s motion for default judgment on her claims of religion and gender-based hostile work environment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and…
Read More Hostile Work Environment Claims Sufficiently Alleged; Allegations Include “Muslim Bitch” CommentsIn Tihan v Apollo Management Holdings, L.P., No. 15121, 152196/19, 2021-00637, 2022 N.Y. Slip Op. 00365, 2022 WL 174477 (N.Y.A.D. 1 Dept. Jan. 20, 2022), the New York Appellate Division, First Department, unanimously affirmed a lower court’s decision dismissing plaintiff’s religion- and national origin-based employment discrimination claims. In this case, plaintiff – a Muslim man…
Read More Court Affirms Dismissal of National Origin, Religious Discrimination Claims Against Apollo Management Holdings