Title VII of the Civil Rights Act of 1964

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In Johnson v. School District of Philadelphia, 2024 WL 1773358 (E.D.Pa. April 24, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: For racist comments, slurs, and jokes to…

Read More Hostile Work Environment Claims Dismissed; Comments Invoking “Racial Stereotypes” Did Not Amount to a “Steady Barrage”
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In Reed v. Fortive Corporation et al, 2024 WL 1756110 (2d Cir. April 24, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s claim of quid pro quo sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Properly Dismissed; Alleged Invitation Did Not Constitute a “Sexual Advance”
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In Maryam v. LSG Sky Chefs, No. 1:23-cv-914-SDG, 2024 WL 1195535 (N.D.Ga. March 20, 2024), the court held that plaintiff pled sufficient facts to support a sex discrimination claim, based on a tangible employment action harassment theory, in violation of Title VII of the Civil Rights Act of 1964. From the decision: Sexual harassment in…

Read More Title VII Tangible Action Sexual Harassment Claim Sufficiently Alleged, Court Holds
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In Howard v. State of Arizona et al, 2024 WL 1619400 (D.Ariz. April 15, 2024), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII is not meant as “a general civility code” and “sporadic use of abusive…

Read More Title VII Race/Sex-Based Hostile Work Environment Claims Dismissed; Single Incident Held Insufficient
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In Muldrow v. City of St. Louis, Missouri, 2024 WL 1642826 (U.S. April 17, 2024), the U.S. Supreme Court (in an opinion authored by Justice Kagan) held that, in the context of a claim of discrimination in a form of a transfer (here, because of the plaintiff’s sex) in violation of Title VII of the…

Read More U.S. Supreme Court Clarifies Standard For Title VII Discriminatory Transfer Claims
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In Mayorga v. Diet Center LLC d/b/a Heart Attack Grill, 2024 WL 1574362 (9th Cir. April 11, 2024), the court affirmed the lower court’s award of summary judgment on plaintiff’s employment discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Even though the First Amended Complaint (“FAC”) alleges…

Read More Title VII Hostile Work Environment and Constructive Discharge Claims Properly Dismissed, Ninth Circuit Holds
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In Farah v. Emirates and Emirates Severance Plan, 21-CV-05786-LTS, 2024 WL 1374762 (S.D.N.Y. March 31, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’ claim of discrimination based on national origin (American). From the decision: To plead a prima facie case of intentional discrimination under Title VII, Plaintiffs must plausibly allege: (1) they…

Read More National Origin (American) Discrimination Claims Survive Dismissal Against Emirates
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In Polenik v. Janet Yellen, 2024 WL 1466783 (M.D.Pa. April 4, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s “quid pro quo” sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To allege a quid pro quo sexual harassment claim under Title VII, Polenik must…

Read More Quid Pro Quo Sexual Harassment Claim Dismissed; Constructive Discharge Alone Was Insufficient
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In Mays v. Powder Coating Plus, Inc., 2024 WL 894948 (D.Nev. Feb. 29, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff does not allege any subjection to sexual conduct that was linked to…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed, Absent Further Details of Alleged Harassment
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