Title VII of the Civil Rights Act of 1964

by

Here is the complaint, captioned Andre v. Memorial Sloan Kettering Cancer Center et al, 15-cv-04557 (SDNY June 11, 2015), in which the female plaintiff alleges, among other things, that her female supervisor sexually harassed her and fired her in retaliation for engaging in protected activity.  

Read More Same-Sex Sexual Harassment, Pregnancy Discrimination, and Retaliation Lawsuit Against Memorial Sloan Kettering
Share This:
by

In the disturbing case of Lent v. CCNH, Inc. d/b/a Cortland Care Center, 2015 WL 3463433 (NDNY June 1, 2015), the court held that plaintiff sufficiently alleged (hostile work environment) sexual harassment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff alleged that her co-worker “cornered…

Read More Allegations of Rape by Co-Worker Sufficiently Allege Hostile Work Environment Sexual Harassment
Share This:
by

Below is the complaint, captioned Kology v. MySpace NYC et al., 15-cv-3061 and filed May 27, 2015 in the U.S. District Court for the Eastern District of New York, alleging sexual harassment, hostile work environment, and retaliation against real estate company MySpace NYC. Plaintiff alleges, among other things, that defendants fired her because she refused the company’s owner’s…

Read More Sexual Harassment Lawsuit Against MySpace NYC
Share This:
by

Title VII of the Civil Rights Act of 1964 prohibits “disparate treatment”, or intentional discrimination, based on religion by making it unlawful for an employer to, among other things, “fail … to hire … any individual … because of such individual’s … religion”. 42 U.S.C. § 2000e–2(a)(1) (emphasis added). In Equal Employment Opportunity Commission v. Abercrombie &…

Read More U.S. Supreme Court Revives Muslim’s Bias Claim Against Abercrombie
Share This:
by

In Orange v. Leake & Watts Inc., No. 13-CV-6110 KBF, 2015 WL 2340649 (S.D.N.Y. May 15, 2015), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s race discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. Plaintiff, an African American assistant teacher, alleged “that she suffered an adverse employment…

Read More Court Dismisses Race Discrimination Claim; Disciplinary Notice and Negative Evaluation Were Not “Adverse Employment Actions”
Share This:
by

A recent decision, Moultrie v. NYS Dep’t of Corr. & Cmty. Supervision, No. 13-CV-5138 NSR, 2015 WL 2151827 (S.D.N.Y. May 7, 2015), elaborates on how to prove employment discrimination with so-called “comparator” evidence. In this case, plaintiff, a Corrections Officer trainee at Sing Sing prison, was fired for, among other things, bringing a SIM card…

Read More Gender Discrimination Complaint Dismissed; Alleged Male Comparators Engaged in Less Serious Conduct
Share This:
by

In Petyan v. New York City Law Dept., 14-cv-1434, 2015 WL 1855961 (SDNY April 23, 2015), the court recommended the dismissal of plaintiff’s national origin (Israeli) discrimination and hostile work environment claims, but held that plaintiff plausibly alleged retaliation in the form of a negative performance evaluation. The court held: The law in [the Second] Circuit…

Read More Retaliation Claim, But Not National Origin Discrimination Claim, Survives Dismissal
Share This:
by

In 2010, plaintiff Geralyn Ganci alleged, in a federal court complaint against U.S. Limousine Service Ltd. and Raymond Townsend, that she was subjected to hostile work environment and quid pro quo sexual harassment (including in person and by phone calls/text messages) by her boss Raymond Townsend and fired for rejecting his advances. Among the “vile and…

Read More $700,000+ Award in Limousine Company Sexual Harassment Case
Share This:
by

“To make out a prima facie [employment] discrimination claim [under Title VII of the Civil Rights Act of 1964], a plaintiff must demonstrate … (1) [he] was within the protected class; (2) [he] was qualified for the position; (3) [he] was subject to an adverse employment action; and (4) the adverse action occurred under circumstances giving…

Read More Second Circuit Clarifies What an “Adverse Employment Action” Is For Purposes of a Discrimination Claim
Share This:
by

In Kane v. 247 Real Media, 14-cv-2482, 2015 WL 1623832 (SDNY April 7, 2015), the court explained and applied the “administrative exhaustion” requirement of Title VII of the Civil Rights Act of 1964. Plaintiff – a transgender woman – alleged that she was subjected to discrimination based on her race, color, gender, and national origin.…

Read More Failure to File at EEOC Dooms Federal Transgender Discrimination Claims
Share This: