Title VII of the Civil Rights Act of 1964

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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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In Jeramiah Brown v. Fat Dough Inc. d/b/a Dominos Pizza, 5:22-cv-761 (BKS/ML), 2024 WL 1345360 (N.D.N.Y. March 29, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim. The court summarized the black-letter law, and applied it to the facts, as follows: Under Title VII, it is illegal “to…

Read More Sex-Based Hostile Work Environment Claim Survives Dismissal; Allegations Included Sexual Comments, Bullying, and Name Calling
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In Herbowy-Hubalek v. Lithia of Yorkville-3, LLC et al, 6:21-CV-43 (FJS/MJK), 2024 WL 1329035 (N.D.N.Y. March 28, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964.  The court summarized the evidence supporting plaintiff’s…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Touching, Looking Down Shirt, Grabbing Own Penis
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In Scott v. YSB Services Inc., 21-CV-7711 (VSB), 2024 WL 1330043 (S.D.N.Y. March 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. After…

Read More Retaliation Claims Sufficiently Stated; Termination Followed Sexual Harassment Complaint
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In Bart v. Golub Corporation, No. 23-238, 2024 WL 1281069 (2d Cir. March 26, 2024), the court clarified and reaffirmed “foundational principles governing pretext and causation in Title VII disparate treatment claims.” In sum, plaintiff, a female manager at Price Chopper (a supermarket chain operated by defendant Golub Corp.), was fired two days after she…

Read More 2nd Circuit Clarifies “Pretext” Analysis; Sex-Based Termination Claim Survives Summary Judgment
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