Title VII of the Civil Rights Act of 1964

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In Alston v. New York City Department of Education, 24 Civ. 0009 (DEH), 2025 WL 104407 (S.D.N.Y. Jan. 15, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s discriminatory termination claims. The court explained and applied the so-called “cat’s paw” theory of liability. From the decision: Plaintiff’s various employment discrimination claims concerning her…

Read More Court Rejects “Cat’s Paw” Theory of Discrimination
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In Bhuiyan v. Department of Treasury, 2025 WL 79634 (S.D.Ohio Jan. 13, 2025), the court adopted a Magistrate Judge’s Report & Recommendation granting defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: “Sexual harassment that results in a ‘hostile…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed, Buttcrack Exposure Notwithstanding
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In Rogers v. Voltron Data, Inc., Civil Action No.: 24-84 (RC), 2024 WL 4647644 (D.D.C. Oct. 31, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and sex discrimination. The court rejected defendants’ allegations that plaintiff’s allegations were “threadbare”, explaining: [Plaintiff’s complaint] contains plenty of “factual matter, accepted as true,…

Read More Race, Sex Discrimination Claims Plausibly Alleged; Allegations Include Less Compensation and Denial of Superior Title
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In Rios v. Max Mara USA Inc. et al, No. 23-CV-9839 (LAP), 2025 WL 66502 (S.D.N.Y. Jan. 10, 2025), the court, inter alia, granted defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Pretend Breast “Motorboating” Insufficiently “Severe”
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In Equal Employment Opportunity Commission v. Fred Meyer Stores, Inc., NO. 4:24-CV-5085-TOR, 2024 WL 5077603 (E.D.Wash., 2024), the court denied defendant’s motion to dismiss or for a more definite statement (pursuant to Federal Rule of Civil Procedure 12(e)). From the decision: In the present matter, the Complaint satisfies the requirement of a hostile work environment…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Motion to Dismiss or For More Definite Statement Denied
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In Zuber v. Republic First Bancorp Inc., No. 23-991, 2024 WL 5147018 (E.D.Pa. Dec. 17, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. As to whether the alleged harassment was sufficiently “severe or pervasive”, the…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Court Cited Alleged Request to Have Sex at Work Despite Prior Rejection
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In Quiles-Carrasquillo v. Louis DeJoy, Postmaster General of the U.S. Postal Service, Civil No. 23-1468 (FAB), 2025 WL 25672 (D.Puerto Rico Jan. 3, 2025), the court, inter alia, adopted a Magistrate Judge’s Report & Recommendation recommending the denial of defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim pursuant to Title VII of the…

Read More Hostile Work Environment Claim Sufficiently Alleged; Verbal Threats Were Sufficiently “Severe”
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In Smith v. Louis DeJoy, 2024 WL 5145956 (N.D.Ala. Dec. 17, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment claim. From the decision: Plaintiff’s termination was a single discrete event. So, in the absence of pervasiveness, the only way for her hostile work environment claim to survive…

Read More Hostile Work Environment Claim Dismissed; Termination Was Not Sufficiently “Severe”
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In Ripoli v. Department of Human Services, Office of Veterans Services, No. 23-1970, 2024 WL 5116941 (1st Cir. Dec. 16, 2024), the U.S. Court of Appeals for the First Circuit, inter alia, vacated the lower court’s order granting summary judgment to the defendant on plaintiff’s disparate treatment discrimination claims. From the decision: Our inquiry begins…

Read More First Circuit Vacates Summary Judgment for Defendant on Title VII Sex & Sexual Orientation Discrimination Claims; Fact issues Existed as to Whether Reorganization Was Pretextual
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In McConaughey v. Port Authority of New York and New Jersey, 21-CV-6137 (RA), 2024 WL 5168018 (S.D.N.Y. Dec. 18, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: McConaughey alleges that he…

Read More Title VII Sex-Based Hostile Work Environment, Retaliation Claims Survive Summary Judgment Against Port Authority
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