Title VII of the Civil Rights Act of 1964

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In McNeill v. Raymour & Flanigan Furniture, No. 15-1473, 2016 WL 7048712 (N.D.N.Y. Dec. 5, 2016), the court granted the defendant’s motion to compel arbitration of plaintiff’s claims of employment discrimination (race discrimination and retaliation) under Title VII of the Civil Rights Act of 1964. This decision illustrates the uphill – albeit not insurmountable –…

Read More Arbitration of Employment Discrimination Claim Compelled; Court Rejects Employee’s Claim That He Never Signed Arbitration Agreement
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In Casseus v. N.Y. Coll. of Health Professions, 15-cv-1914, 2016 WL 7029157 (E.D.N.Y. Nov. 10, 2016), report and recommendation adopted, 2016 WL 7017364 (E.D.N.Y. Dec. 1, 2016), the court dismissed plaintiff’s employment discrimination claims. Among other things, it held that plaintiff failed to exhaust her administrative remedies with respect to her gender discrimination and hostile…

Read More Unasserted Gender Discrimination & Hostile Work Environment Claims Dismissed as Not Administratively Exhausted
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In Willis v. Cty. of Onondaga, No. 14-cv-1306, 2016 WL 7116126 (N.D.N.Y. Dec. 6, 2016), the court dismissed plaintiff’s sexual harassment, racial harassment, retaliation, and other claims asserted under Title VII of the Civil Rights Act of 1964. Here I’ll discuss the court’s evaluation of plaintiff’s Title VII sexual harassment claim. Plaintiff, an African-American heterosexual…

Read More Court Dismisses Sheriff’s Sexual Harassment and Other Claims; Court Assumed Conduct Was “Because of Sex” and Sufficiently “Severe” and “Pervasive” But Was Not Imputable to Defendant
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In 2015 I wrote a blog post about a Southern District of New York decision and order in a case captioned Varughese v. Mount Sinai Med. Ctr., No. 12-cv-8812 CM JCF, 2015 WL 1499618 (S.D.N.Y. Mar. 27, 2015), which granted defendants’ motion for summary judgment and dismissed with prejudice all of plaintiff Dr. Leena Varughese’s claims…

Read More Bullying, Censorship, and Baseless Lawsuit Threats: Dr. Leena Varughese
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In Szwalla v. Time Warner Cable LLC, No. 15-3479, 2016 WL 7018340 (2d Cir. Dec. 1, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s hostile work environment/sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that two supervisors sexually harassed her…

Read More Sexual Harassment (Hostile Work Environment) & Retaliation Claims Properly Dismissed Against Time Warner Cable
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In Ilinca v. Bd. of Coop. Educ. Servs. of Nassau, No. 13-CV-3500(JS)(AYS), 2016 WL 6989780 (E.D.N.Y. Nov. 29, 2016), the court dismissed plaintiff’s sexual harassment (hostile work environment) claim under Title VII of the Civil Rights Act of 1964. The decision gives us a summary of the relevant law: [A] plaintiff states a Title VII…

Read More Sexual Harassment Hostile Work Environment Claim Dismissed; “Inappropriate and Grossly Unprofessional” Conduct Was Insufficiently Severe
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In Frederick v. JetBlue Airways Corp., No. 16-1373-CV, 2016 WL 6885714 (2d Cir. Nov. 22, 2016) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 (ADEA) as being time-barred – i.e., filed…

Read More “Equitable Tolling” Does Not Save Time-Barred Discrimination Claims
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A recent decision, Forest v. NYS Office of Mental Health, No. 15-3950, 2016 WL 6917228 (2d Cir. Nov. 23, 2016) (Summary Order), illustrates that not every employer’s action qualifies as an “adverse employment action” sufficient to establish a retaliation claim under Title VII of the Civil Rights Act of 1964. In this case, the court…

Read More Title VII Retaliation Claim Properly Dismissed; Discipline Per Employer Policy and “Trivial Harms” Were Not “Adverse Employment Actions”
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In today’s political climate, it is more important than ever to protect workers from workplace discrimination, including sexual harassment and discrimination based on protected characteristics such as gender, race/color, religion, sexual orientation, and national origin. Last week the U.S. Equal Employment Opportunity Commission, the federal administrative agency tasked with enforcing, inter alia, Title VII of the…

Read More EEOC Issues Enforcement Guidance on National Origin Discrimination
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In Orosz v. Regeneron Pharm., Inc., No. 15-cv-8504, 2016 WL 6083993 (S.D.N.Y. Oct. 17, 2016), the Southern District of New York adopted a Magistrate Judge’s Report & Recommendation denying plaintiff’s FRCP 12(b)(6) motion to dismiss plaintiff’s Title VII pregnancy discrimination claim on a “failure to hire” theory. SDNY Judge Nelson Roman summarized/outlined the law as…

Read More Title VII Pregnancy Discrimination Failure-to-Hire Lawsuit Against Pharmaceutical Company Survives Dismissal
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