Title VII of the Civil Rights Act of 1964

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In Beran v. VSL North Platte Court LLC, No. 7:21CV5003, 2023 WL 6880146 (D.Neb. Oct. 18, 2023), the court, inter alia, upheld a jury verdict finding in plaintiff’s favor on her hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In finding that the evidence of a…

Read More Sexual Harassment Jury Verdict Upheld; Evidence Included Groping of Butt, Breasts
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In Onely v. Redner’s Markets, Inc., No. 21-4785, 2023 WL 6626120 (E.D.Pa. Oct. 11, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race discrimination and race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. As to plaintiff’s…

Read More A “Thousand Cuts”: Title VII Hostile Work Environment Claims Survive Summary Judgment
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In Spencer v. Global Innovative Group, LLC, 17 Civ. 7604 (PGG) (BCM), 2023 WL 6633860 (S.D.N.Y. Oct. 12, 2023), the court declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s race-based hostile work environment claim be dismissed. This decision – and in particular, its thorough evaluation and analysis of pertinent case law (both within…

Read More Hostile Work Environment Claim, Based on Single Use of the “N-Word”, Survives Dismissal
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In Brown v. Ferrara Candy Company, No. 22 CV 04875, 2023 WL 6519973 (N.D.Ill. Oct. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of (race or sexual orientation based) hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The key allegation supporting…

Read More Hostile Work Environment Claims Survive Dismissal; Carrying of Weapons Factored Into Decision
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In Kekovic v. Titan Motor Group LLC, 22-CV-2142, 2023 WL 6385712 (E.D.N.Y. Sept. 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. Plaintiff, who identifies as a white male, is married to a black, African American man, and thus asserts “associational discrimination” claims based on this marriage.…

Read More “Associational Discrimination” Race-Based Hostile Work Environment Claim Survives Dismissal Against Titan Motor Group
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In a recent case, Gamble v. Fieldston Lodge Nursing and Rehabilitation Center et al, No. 20-CV-10388-LTS, 2023 WL 6393739 (S.D.N.Y. Sept. 30, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that…

Read More Title VII Sexual Orientation Discrimination Claim Survives Summary Judgment
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In Muniz v. The City of New York, 20 Civ. 9223 (JPC), 2023 WL 6294169 (S.D.N.Y. Sept. 27, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination based on race, ethnicity, and age. The court evaluated plaintiff’s federal claims (asserted under Title VII of the Civil Rights Act…

Read More NYPD Officer’s Race & Age Discrimination Claims Survive Summary Judgment
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In Myrtil v. Serra Chevrolet, LLC, Case No. 2:22-cv-02595-MSN-tmp, 2023 WL 6367667 (W.D.Tenn. Sept. 29, 2023), the court, inter alia, adopted a Magistrate Judge’s Report & Recommendation to deny defendant’s motion to dismiss plaintiff’s claim of a hostile work environment (based on national origin) in violation of Title VII of the Civil Rights Act of…

Read More National Origin-Based Hostile Work Environment Claim Sufficiently Alleged
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In Macri v. Herkimer County, 6:20-cv-1414 (GLS/TWD), 2023 WL 6295590 (N.D.N.Y. Sept. 27, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In order to establish a hostile work environment claim…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Scolding, Disrespect Alone Insufficient
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In a recent case, Austin v. Phone2Action, Inc., 21-CV-491 (MKB), 2023 WL 6201409 (E.D.N.Y. Sept. 22, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination (termination) claim asserted under Title VII of the Civil Rights Act of 1964. In evaluating this claim, the court applied the well-known McDonnell-Douglas burden-shifting framework. In…

Read More Sex Discrimination Claims Survive Summary Judgment; Pretext Evidenced By Inconsistency Between Proffered Termination Reasons
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