Title VII of the Civil Rights Act of 1964

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In Prude v. Logistics One Transport, Inc., No. 1:20-cv-0674, 2022 WL 4120266 (N.D.N.Y. Sept. 9, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law.…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; “Banana” Incident Was, in Context, Sufficiently “Severe”
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In Werahera v. Regents of University of Colorado, No. 21-cv-02776-NYW, 2022 WL 3645979 (D.Colo. August 24, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After explaining the “black letter” law and elements of this claim, the…

Read More Religion and National Origin Discrimination Claims Survive Motion to Dismiss Against Regents of the University of Colorado
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In Villalobos v. Basis Educational Group LLC, No. CV-20-00850-PHX-DJH, 2022 WL 3647832 (D.Ariz. Aug. 24, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of retaliation asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: Title VII and § 1981…

Read More This is Nuts: Retaliation Claim, Based in Part of “Harassment” Due to Employee’s Nut Allergy, Survives Summary Judgment
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In Buck v. Thycotic Software, LLC, No. 2:20-cv-01721-BJR, 2022 WL 3975140 (W.D.Wash. Sept. 1, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. In sum, the male plaintiff (Buck) asserts that he was subject to retaliatory termination following…

Read More Retaliation Claim, Based on Supporting Co-Worker’s Complaint of Sexual Harassment, Survives Summary Judgment
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In Henrich v. Henkels & McCoy, Inc. et al, No. 20-6281, 2022 WL 3701969 (E.D.Pa. Aug. 26, 2022), the court held that plaintiff presented sufficient evidence for a reasonable jury to infer that she was subjected to severe or pervasive gender discrimination that gave rise to a hostile work environment in violation of Title VII of…

Read More Gender-Based Hostile Work Environment Claim Survives Summary Judgment; Allegations Included Holding Plaintiff to Standards Inapplicable to Men
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In Chapman v. Oakland Living Center, Inc., No. 20-2361, 2022 WL 3954456 (4th Cir. Aug. 30, 2022), the  U.S. Court of Appeals for the Fourth Circuit, inter alia, vacated a lower court’s award of summary judgment to defendant on plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of…

Read More Hostile Work Environment Claim, Based on Racial Slur by Child Who Was Supervisor’s 6-Year-Old Son (and Owner’s Grandson), Survives Summary Judgment
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In Rojas v. Human Resources Administration, 2022 WL 3716851 (E.D.N.Y. August 29, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In support of this claim, plaintiff pointed to four incidents that occurred over roughly five months, namely: (1) Plaintiff’s supervisor telling…

Read More Hostile Work Environment Claim Dismissed; “Sarcastic” Comments About “Looks” Etc. Insufficient
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In Shkolnikova v. DeJoy, 18-CV-6400 (MKB), 2022 WL 3358077 (E.D.N.Y. August 15, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of pregnancy discrimination asserted under Title VII of the Civil Rights Act of 1964. Applying the McDonnell-Douglas burden-shifting framework, the court found that plaintiff presented a prima facie case…

Read More Assistant Mail Carrier’s Pregnancy Discrimination Claim Survives Summary Judgment
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In Ochoa v. New York City Department of Education, 20-cv-9014 (ALC), 2022 WL 3646208 (S.D.N.Y. Aug. 24, 2022), the court dismissed plaintiff’s claims of race discrimination 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. Plaintiff, a teacher,…

Read More NYC Teacher’s Title VII Race Discrimination Claim, Based on Accent Mocking, Dismissed
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In Cherkasky v. Boyertown Area School District, No. 5:21-cv-5204, 2022 WL 1965899 (E.D.Pa. June 6, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim – even though it dismissed her underlying sex-based discrimination claims. This case is an apt example of how a claim of unlawful “retaliation” may survive under Title…

Read More Retaliation Claims Sufficiently Alleged By Teacher, Despite Dismissal of Underlying Sex-Based Discrimination Claims
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