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 directly targeted – e.g., misogynistic or racial comments made…
Read More “Second-Hand” HarassmentThe purpose of a “demand letter” – the proverbial “shot across the bow” – in legal matters generally and employment discrimination matters specifically is, in sum, to (1) alert the target (in an employment discrimination case, the employer) to the existence of a legal issue, (2) express an interest in attempting to resolve it (typically…
Read More The Employment Discrimination Demand LetterIn Rosen v. N.Y.C. Dept. of Education, 2019 WL 4039958 (S.D.N.Y., 2019), the court, inter alia, held that plaintiff – a teacher – sufficiently alleged age discrimination under theories of “constructive discharge” and “hostile work environment.” In order to make out a prima facie case under the ADEA, the court explained, a plaintiff must show…
Read More Teacher Plausibly Alleges Age Discrimination, Court HoldsIn Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Here, plaintiff contends that she was terminated in retaliation for filing a charge with…
Read More 2d Circuit Affirms Dismissal of Title VII Retaliation Claim; More Than One-Year Gap Too Attenuated to Show CausationIn Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After briefly summarizing the law – namely, that “[t]o prevail on [a…
Read More 2d Circuit Affirms Dismissal of Title VII Race Discrimination Claim; Absent/Tardy Co-Worker Comparators Were Not “Similarly Situated”In Coku v. The New York Presbyterian Hospital et al, 17-cv-2488, 2019 WL 3779507 (S.D.N.Y. Aug. 12, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. After summarizing the relevant legal standards, and noting that “the standard for establishing a hostile work environment is high”, the court noted that plaintiff did not meet…
Read More Hostile Work Environment Claim Dismissed; Alleged Mistreatment Was Not Due to Protected CharacteristicIn Pulizotto v. McMahon et al, 2019 WL 3997681 (S.D.N.Y. Aug. 23, 2019), the court, inter alia, dismissed plaintiff’s sexual orientation-based hostile work environment claim. From the decision: Claims 9 and 10 allege [defendant] created a hostile work environment for Pulizotto and discriminatorily transferred him based on his sexual orientation in violation of the NYSHRL.…
Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed; Conduct Amounted to “Isolated Acts”In Menaker v. Hofstra University, 18-3089-cv, 2019 WL 3819631 (2d Cir. Aug. 15, 2019), the Second Circuit vacated the dismissal of plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized its holding(s) as follows: (1) Where a university (a) takes an adverse employment action against an…
Read More Second Circuit Vacates Dismissal of Hofstra Tennis Coach’s Sex Discrimination ClaimIn Bailey v. Sheehan, 2019 WL 3975453 (NDNY August 22, 2019), the court denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claim. From the decision: There remain a number of relevant factual disputes in this case as to what conduct Defendant actually engaged in, including whether Defendant yelled at Plaintiff and…
Read More Hostile Work Environment Sexual Harassment Claim, Including “Dominatrix” Comment, Survives Summary Judgment