Title VII of the Civil Rights Act of 1964

In Crawford v. ExlService.com, LLC, 2019 WL 5887214 (SDNY Nov. 12, 2019), the court, inter alia, denied 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 Human Rights Law, and the New York City Human Rights Law. The court…

Read More Hostile Work Environment Claim Survives Summary Judgment Against ExlService

In a recent decision, Moxley v. State of New York, 17-cv-691, 2019 WL 5788440 (W.D.N.Y. Nov. 6, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. Among plaintiff’s allegations supporting this claim was her contention that her supervisor’s nephews (and co-workers) “g[ave] her dirty looks.” Regarding this allegation, the court explained : Frequent…

Read More Hostile Work Environment Claim Dismissed; Evidence, Including “Threatening Looks”, Insufficient

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

In Ireland v. Rochester Institute of Technology et al, 19-cv-6392, 2019 WL 5538371 (WDNY Oct. 25, 2019), the court, inter alia, dismissed plaintiff’s claim of sexual harassment under the New York State Human Rights Law (NYSHRL).[1]The court dismissed as time barred plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of…

Read More Sexual Harassment Claim Dismissed; “Crude” Comments Held Insufficient Under State Law

In Lawrence v. Chemprene, Inc. et al, 18-CV-2537, 2019 WL 5449844 (SDNY Oct. 24, 2019), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. While plaintiff’s allegations were, in the court’s words, “revolting” – including use of the words “black motherfucker” and “stupid nigger” – they were insufficiently demonstrative of a hostile work…

Read More Hostile Work Environment Claim Dismissed; Secondhand “Black Motherfucker” Comment, Among Others, Insufficient

In Ahmed v. American Museum of Natural History, 18-3295-cv, 2019 WL 5302824 (2d Cir. Oct. 21, 2019) (Summary Order), the court affirmed the dismissal (on summary judgment) of plaintiff’s retaliation claims. In sum, plaintiff asserted that defendants retaliated against him for objecting to sexual harassment that he witnessed, in violation of Title VII of the…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Dismissed Against American Museum of Natural History

In Allen v. City of New York et al, 2019 WL 5450874 (SDNY Oct. 23, 2019), the court, inter alia, dismissed plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. This claim failed, held the court, because plaintiff failed to proffer an actionable “adverse employment action.” To survive a motion…

Read More Title VII Race Discrimination Claim Dismissed; Social Worker Plaintiff Failed to Allege an “Adverse Employment Action”

In a recent decision, Colon v. St. John’s Riverside Hospital, 19-cv-5846 (SDNY Oct. 15, 2019), the court dismissed plaintiff’s race discrimination claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The court summarized the law: To state an employment discrimination claim under Title VII or § 1981, “a…

Read More Court Dismisses Race Discrimination Complaint; Offers Guidance For Amended Complaint

In a recent case, Watson v. The Richmond University Medical Center et al, 14-cv-1033, 2019 WL 5087062 (E.D.N.Y. Oct. 10, 2019), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s Title VII race discrimination claim. From the decision (some citations omitted): [C]onstruing the facts in the light most favorable to Plaintiff, a…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Court Cites “Humiliating” Duties

In Mercedes v. New York City Department of Education, 2019 WL 4926968 (2d Cir. 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s gender discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. With respect to the gender discrimination claim, after summarizing the relevant law, applied…

Read More Gender Discrimination Dismissal Affirmed; Court Cites Lack of Discriminatory Comments and Equivalent Treatment to Males