Title VII of the Civil Rights Act of 1964

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Last week in Parisi v. Goldman, Sachs & Co., the Second Circuit held that the trial court should have granted defendant’s motion to compel arbitration of claims brought by former managing director Lisa Parisi – who is one of three women suing Goldman – that she was subjected to gender discrimination.  She contends that defendant…

Read More 2nd Circuit: Under Title VII “Pattern or Practice” Refers to a Method of Proof, Not a Substantive Right
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Summa v. Hofstra (11-1743, Feb. 21, 2013):  The Second Circuit found that plaintiff student/football team manager Lauren E. Summa presented sufficient evidence to support her retaliation (but not her harassment) claims against the defendants.  Plaintiff claimed that she was harassed by several football players and then subjected to retaliation for complaining about it.  Among other things,…

Read More 2nd Circuit: Student/Coach May Continue Retaliation, But Not Harassment, Claims Against Hofstra University
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In Farren v. Shaw Environmental, No. 12-1008 (2d Cir. Jan. 31, 2013), the Second Circuit affirmed the lower court’s dismissal of plaintiff’s case due to a failure to exhaust administrative remedies in the U.S. Equal Employment Opportunity Commission (“EEOC”) and New York State Division of Human Rights (“DHR”), as required by Title VII of the…

Read More 2nd Circuit Explains Difference Between “Disparate Treatment” and “Hostile Work Environment” Theories As Relevant To Title VII’s Administrative Exhaustion Requirement
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In a recently-issued summary order, the U.S. Court of Appeals for the Second Circuit affirmed the district court’s dismissal, on summary judgment, of plaintiff’s hostile work environment, retaliation, and race, gender, and disability discrimination claims.  The case, Solomon v. Southampton Union Free School District, No. 11-3935-cv, 2012 WL 6097357 (Dec. 10, 2012), illustrates yet again…

Read More In Hostile Work Environment Cases, Context Counts
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Last week in Simmons-Grant v. Quinn Emanuel Urquhart & Sullivan, LLP, the Southern District of New York held that defendant law firm did not engage in race discrimination against an African American contract attorney.  Plaintiff argued that, as an African American attorney, she was given less lucrative work than other non-African American contract attorneys retained…

Read More Court Dismisses Attorney’s Race Discrimination and Retaliation Claims Against Law Firm
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In a recent case, Chenzira v. Cincinnati Children’s Hospital Med. Ctr., an Ohio federal court found that plaintiff stated a claim for religious discrimination under Title VII of the Civil Rights Act of 1964. Defendant fired plaintiff because plaintiff refused to get a flu shot.  Plaintiff alleged that this “violated her religious and philosophical convictions…

Read More Broccoli Worship? Federal Court Finds That Veganism Can Be A “Religion” Under Title VII
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In E.E.O.C. v. KarenKim, Inc., 116 Fair Empl Prac Cas (BNA) 385 (2d Cir. Oct. 19, 2012), No. 11-3309, the Second Circuit addressed when injunctive relief is proper to prevent further harassment.  Title VII itself provides for injunctive relief where a “court finds that the respondent has intentionally engaged in or is intentionally engaging in…

Read More Second Circuit: Injunctive Relief Should Have Been Granted In Harassment Case
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In Noel v. New York State Off. of Mental Health Cent. New York Psychiatric Ctr., 10-3483-CV, 2012 WL 3764527 [2d Cir. Aug. 31, 2012], the Second Circuit held that back pay and front pay awards under Title VII of the Civil Rights Act of 1964 are “wages” subject to mandatory tax withholding. From the Court’s…

Read More Second Circuit Holds That Title VII Back and Front Pay Awards Are “Wages” Subject to Tax Withholding
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