Title VII of the Civil Rights Act of 1964

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In Lang v. District of Columbia, et al, 2023 WL 2708820 (D.D.C. March 30, 2023), the U.S. District Court for the District of Columbia dismissed plaintiff’s “failure to protect against hostile work environment” claim. From the decision: That leaves Plaintiff’s claims based on Defendants’ negligent failure to protect her from the hostile work environment. These…

Read More Court Declines to Recognize, and Dismisses, Hostile Work Environment Claim Based on “Negligent Supervision” Theory
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In a recent case, Ilana Gamza-Machado De Souza v. Planned Parenthood Federation of America, Inc., et al, 21 Civ. 5553 (LGS), 2023 WL 2691458 (S.D.N.Y. March 29, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s (a Jewish woman) claims of race- and religion-based discriminatory termination, in violation of Title VII…

Read More Jewish Employee’s Race/Religion-Based Discriminatory Termination Claim Survives Summary Judgment
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In Sylla v. New York City Department of Education et al, 18-CV-6524 (RPK) (MMH), 2023 WL 2667072 (E.D.N.Y. March 28, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. In this case, plaintiff alleged that a co-worker repeatedly called him “mono”, which is Spanish for monkey.…

Read More “Monkey” Comments Cited in Decision Denying Summary Judgment on Race-Based Hostile Work Environment Claim
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In Judkins v. The Brooklyn Hospital Center et al, 2023 WL 2652279 (E.D.N.Y. March 27, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race- and sex-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. To plead a claim for hostile work…

Read More Race, Sex-Based Hostile Work Environment Claims Dismissed; Favoring Friends Held Insufficient
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In Johnson v. The City of Troy et al, 1:20-cv-1279 (MAD/TWD), 2023 WL 2587945 (N.D.N.Y. March 21, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-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,…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment Against City of Troy
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A recent decision, McCallum v. Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security, No. 21-1911 (ABJ), 2023 WL 2571757 (D.D.C. March 20, 2023), the court addressed an issue that is central to many, if not most, allegations of employment discrimination: namely, whether an alleged negative action by an employer constitutes an actionable “adverse…

Read More Removal/Reassignment of Duties Was an “Adverse Employment Action”, Court Holds
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In a recent case, Gerzhgorin v. Selfhelp Community Services, Inc. et al, 2023 WL 2469824 (2d Cir. March 13, 2023), the U.S. Court of Appeals, inter alia, affirmed the lower court’s dismissal of plaintiff’s religion-based religious discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human…

Read More Antisemitic Comments, Deemed “Facially Neutral” by Court, Fail to Make Out Religious Discrimination Claim
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In Schlegel v. Finney County, Kansas, Board of Commissioners, No. 21-1288-JAR-KGG, 2023 WL 2428900 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Here, Plaintiff points to no single…

Read More Sexual Orientation-Based Hostile Work Environment Claim Survives Summary Judgment
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In Stein v. Town of Greenburgh et al, No. 21-CV-05673 (PMH), 2023 WL 2432574 (S.D.N.Y. March 8, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Here’s the core of court’s decision on that point: A claim…

Read More Title VII Sex-Based Hostile Work Environment Claim Survives Dismissal; “Continuing Violation” Doctrine Applied
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In Grastorf v. Community Bank, N.A., No. 19-CV-1627S, 2023 WL 2266336 (W.D.N.Y. Feb. 28, 2023), the court, inter alia, granted the defendant’s motion for summary judgment dismissing plaintiff’s sex-based discrimination claim. Here, plaintiff’s case falters because she could not demonstrate that she was treated worse than a “similarly situated” person outside her protected class. The…

Read More Title VII Sex Discrimination Claim Dismissed; Alleged Comparators Were Not “Similarly Situated” to Plaintiff
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