Title VII of the Civil Rights Act of 1964

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“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
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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
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In a lawsuit filed April 2, 2015 and captioned Lombardi v. CBS Broadcasting, Inc. et al., 15-cv-02516, plaintiff Lombardi asserts various claims against defendant CBS, including gender discrimination, retaliation, constructive discharge, aiding and abetting discrimination, and hostile work environment. Among other allegations, plaintiff (who is male) alleges that at CBS’ December 2013 holiday party, a…

Read More Same-Sex Sexual Harassment Lawsuit Against CBS
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In Bivens v. Institute for Community Living, 15-cv-07173 (SDNY April 17, 2015), the Southern District of New York held that plaintiff plausibly alleged gender discrimination under Title VII of the Civil Rights Act of 1964 (and, necessarily, the New York City Human Rights Law). In addition to providing guidance on pleading these types of claims,…

Read More Instructive Decision on Pleading a Title VII Gender Discrimination Claim
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Employment discrimination and hostile work environment claims are often difficult to prove, and frequently fail at the summary judgment stage. That is, there are many decisions in which a judge rules that there simply isn’t enough evidence to get to a jury on these issues. In that instance, the court is not taking on the…

Read More Plaintiff Gets to Jury on Race Discrimination and Hostile Work Environment Claims Against Contractor
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In a Manhattan federal lawsuit filed on April 8, 2015 and captioned Alexander v. Freelancers Health Service Corporation, SDNY 15-cv-02710, plaintiff alleges that she was subjected to gender discrimination, sexual harassment, a hostile work environment, and retaliation. Specifically, plaintiff alleges (among other things) that her supervisor made sexual comments about plaintiff’s breasts (referring to them as “them double…

Read More Lawsuit Alleges “Musical” Sexual Harassment Resulting in Two Heart Attacks
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In a recent gender discrimination lawsuit captioned Consing v. NYC Health & Hospitals Corp. and Zenaida Magnaye-Banzon, EDNY 15-cv-01548 (March 25, 2015), plaintiff, a man, asserts that the defendants failed to hire him because he is male. He asserts, for example (at paragraph 19) that Magnaye-Banzon told him that the position would “not work” for him because…

Read More Anti-Male Gender Discrimination Lawsuit Against NYC Health & Hospitals Corp.
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In Young v. United Parcel Service, Inc., 135 S.Ct. 1338 (March 25, 2015), the U.S. Supreme Court interpreted and applied a portion of the Pregnancy Discrimination Act relating to accommodations that covered employers must make to pregnant workers. The Pregnancy Discrimination Act, codified at 42 U.S.C. § 2000e(k), amends Title VII of the Civil Rights Act of…

Read More U.S. Supreme Court Interprets Title VII’s Pregnancy Discrimination Act; Vacates Judgment Against Pregnant Employee
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