Title VII of the Civil Rights Act of 1964

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In Heavans v. Dodaro, No. 22-836 (BAH), 2022 WL 17904237 (D.D.C. Dec. 23, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of discrimination based on his national origin (Iranian), but not his sex. With respect to the issue of whether the alleged offending conduct constitutes an actionable “adverse employment action,” the…

Read More National Origin Discrimination Claim, Based on Alleged “Mimicking” and “Caricaturing” Iranian Background and Accent, Survives Dismissal
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In Ferrell v. City of Wilmington et al, No. 21-1593-RGA, 2023 WL 1437765 (D.Del. Feb. 1, 2023), the court, inter alia, recommended that the court deny defendants’ motion to dismiss plaintiff’s claim of a religion-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. Specifically, the court rejected defendants’…

Read More Pork in Pocket, Among Other Evidence, Supports Finding That Religion-Based Hostile Work Environment Claim Was Sufficiently Alleged
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In a recent decision, Young v. Colorado Department of Corrections et al, No. 22-cv-00145-NYW-KLM, 2023 WL 1437894 (D.Colo. Feb. 1, 2023), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Generally, in order to prevail on a hostile work environment claim (under…

Read More Mandatory Trainings Using Terms Such as “White Fragility” & “White Supremacy” Did Not Give Rise to Hostile Work Environment Claim, Court Holds
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In Ortiz v. Federal Bureau of Prisons et al, 2023 WL 1447920 (E.D.Cal. Feb. 1, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law governing this claim, the court applied it…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Yelling, Glaring, Etc. Insufficient
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In Gardner-Alfred v. Federal Reserve Bank of New York, 2023 WL 253580 (S.D.N.Y. Jan. 26, 2023), the court, inter alia, permitted plaintiff’s religious discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, to continue. This decision is instructive as to what constitutes “religion” within the meaning of Title VII: Gardner-Alfred has…

Read More Title VII Religious Discrimination Claim, Arising From Termination Due to Vaccine Refusal, Survives Dismissal
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Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. 42 U.S.C. 2000e et seq. (emphasis added). The statute further provides that The term “religion” includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is…

Read More What is “Religion” Within the Meaning of Title VII?
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The anti-discrimination laws, including Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law prohibit (inter alia) discrimination based on “national origin.” See 42 U.S.C. § 2000e–2(a)(1). The regulations flesh out this aspect of Title VII as follows: The Commission defines…

Read More “National Origin” Discrimination Under Title VII Etc.
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In Stripling v. Ingram Barge Company, LLC, No. 3:21-cv-00654, 2022 WL 17475764 (M.D.Tenn. Dec. 6, 2022), the court, inter alia, denied 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: A prima facie claim for discrimination arising out sexual…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged; Court Rejects Defense Argument Focusing on “Discrete” Acts
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In Wasserman v. Kiran Ahuja, Director, Office of Personnel Management, et al, Defendants., No. 21-0026 (ABJ), 2023 WL 157319 (D.D.C. Jan. 11, 2023), the court dismissed plaintiff’s age- and gender-based hostile work environment claims asserted under the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. After summarizing the…

Read More Conduct by “Mean Girls” Insufficient to Give Rise to Actionable “Hostile Work Environment”, Court HoldsEngaged in
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In Tassy v. Peter Buttigieg, 2023 WL 144112 (E.D.N.Y. January 10, 2023), the court, inter alia, dismissed plaintiff’s “constructive discharge” claim. In sum, since a constructive charge claim is a more “aggravated” form of a hostile work environment, the dismissal of the latter warranted the dismissal of the former. From the decision: Plaintiff also brings…

Read More Constructive Discharge Claim Dismissed, in Light of Dismissal of Hostile Work Environment Claim
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