Title VII of the Civil Rights Act of 1964

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In Lekettey v. City of New York, No. 15-1169-CV, 2016 WL 482109 (2d Cir. Feb. 8, 2016), the court affirmed a lower court’s dismissal of plaintiff’s complaint alleging sexual harassment. There are generally two theories of sexual harassment recognized under Title VII of the Civil Rights Act of 1964: (1) “quid pro quo” sexual harassment,…

Read More Sexual Harassment Allegations Insufficiently Alleged, Notwithstanding Assertion of “Fondling”
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In Koke v. Baumgardner, No. 15-CV-9673 (LAK), 2016 WL 93094 (S.D.N.Y. Jan. 5, 2016), the court considered the applicability of Title VII of the Civil Rights Act of 1964 to claims of discrimination based on sexual orientation. Plaintiff sued in New York state court for alleged discrimination “because of her gender and her actual or…

Read More Federal Court Rejects Jurisdictional Challenge to Sexual Orientation Discrimination Case Brought Under Title VII
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In Penn v. The New York Methodist Hospital, No. 11-CV-9137 (NSR), 2016 WL 270456 (S.D.N.Y. Jan. 20, 2016), the court dismissed plaintiff’s Title VII religion-based discrimination claim under the so-called”ministerial exception,” which operates at the intersection of anti-discrimination and First Amendment law. The ministerial exception, which is based on the Religion Clauses of the First…

Read More Court Dismisses Methodist Chaplain’s Religious Discrimination Claim Against Hospital Under the “Ministerial Exception”
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In a lawsuit filed in Manhattan federal court on January 19, 2016, Mikolaenko v. NYU School of Medicine et al (16-cv-00413), plaintiff – a doctor – asserts (among other things) that her supervisor threatened to give her poor reviews and terminate her unless she had sex with him, propositioned plaintiff for sex, and made inappropriate…

Read More Sexual Harassment Lawsuit Against NYU School of Medicine and Others
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In Ihim v. St. Vincent’s Hosp. Westchester, No. 11 CIV. 8024 JCM, 2015 WL 5698038 (S.D.N.Y. Sept. 25, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s claims of race and national origin discrimination. Plaintiff – an African American man whose ancestors are from Nigeria – alleged that his suspension without pay was…

Read More “Where Are You From?” Held Not Probative of Discrimination; Title VII Race/National Origin Discrimination Claims Dismissed
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In Lee v. Winthrop University Hosp., 2015 WL 7161955 (E.D.N.Y.,2015), the Eastern District of New York explained its decision to grant defendants’ motion for summary judgment and dismiss his employment discrimination complaint. As to his race discrimination claims: The Plaintiff attempts to create a genuine issue of material fact by asserting that the disciplinary warnings…

Read More Court Explains Reasons for Dismissing Race & National Origin Discrimination Claims Against Hospital
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In Lolonga-Gedeon v. Child & Family Servs., No. 1:08-CV-00300 EAW, 2015 WL 7280559 (W.D.N.Y. Nov. 18, 2015), the court rejected defendant’s challenge to an earlier decision denying its motion for summary judgment on plaintiff’s hostile work environment claim. Defendant argued that the Supreme Court’s decision in Vance v. Ball State University, 133 S.Ct. 2434 (2013)…

Read More Fact Issues as to “Supervisor” Status Result in Denial of Summary Judgment for Defendant on Plaintiff’s Title VII Hostile Work Environment Claim
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In Bacchus v. New York City Dep’t of Educ., No. 12 CV 1663 PKC, 2015 WL 5774550 (E.D.N.Y. Sept. 30, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s (a black woman of Guyanese national origin) claims of employment discrimination and hostile work environment. This case provides a helpful analysis of whether alleged…

Read More Race, National Origin Discrimination Claims Survive Summary Judgment; Alleged Discriminatory Comments Were Not “Stray Remarks”
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The Northern District of New York’s recent decision of Saile v. New York Dep’t of Motor Vehicles, No. 5:13-CV-1394 ATB, 2015 WL 6962688 (N.D.N.Y. Nov. 9, 2015) reminds us that a plaintiff alleging a sex-based hostile work environment must do more than merely allege that they were made “uncomfortable” by sexual comments – here, alleged…

Read More Alleged Lewd Comments About DMV Customers, Bowling Buttocks Text, Etc. Insufficient to Establish Hostile Work Environment
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In White v. Andy Frain Servs., Inc., No. 14-3332-CV, 2015 WL 6684485 (2d Cir. Nov. 3, 2015), the Second Circuit affirmed the dismissal of plaintiff’s (a black Jewish man) employment discrimination claims. Plaintiff “assert[ed] that Andy Frain discriminated against him by failing to give him a raise, providing unequal terms and conditions of employment, retaliating…

Read More Court Explains Dismissal of Religious Discrimination (Including Failure to Accommodate) Claims
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