Title VII of the Civil Rights Act of 1964

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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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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, dismissed plaintiff’s sex-based discrimination claims under Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act. From the decision: The first and most crucial element to Cherkasky’s discrimination claim is…

Read More Teacher’s Sex-Based Discrimination Claims, Based on Students’ Use of the Word “Bitch,” Dismissed
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The “Jerk Boss” is a stock character of the American workplace; one would be hard-pressed to find someone who has not experienced (or a work-centric fictional setting that does not include at least) one. And what is more indicative of a “hostile” workplace than a boss who loudly uses profanity and insulting language at work? Such…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Profane, Insulting Language Insufficient
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In Alkins v. Sheriff of Gwinnett County, No. 21-13746, 2022 WL 3582128 (11th Cir. Aug. 22, 2022), the U.S. Court of Appeals for the Eleventh Circuit reversed a lower court’s order granting summary judgment to defendant on plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. Here, the plaintiff,…

Read More Report of Unwanted Kiss Was “Protected Activity,” Warranting Reversal of Summary Judgment on Retaliation Claim
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In Miro v. City of Bridgeport, No. 3:20CV00346(SALM), 2022 WL 3284400 (D.Conn. Aug. 11, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of sexual harassment – alleged under the rubric of “hostile work environment” and “quid pro quo” theories – in violation of Title VII of the Civil Rights Act of…

Read More Hostile Work Environment and Quid Pro Quo Sexual Harassment Claims Survive Dismissal
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In Harris v. Mayorkas, No. 21-cv-1083 (GMH), 2022 WL 3452316 (D.D.C. Aug. 18, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under title VII of the Civil Rights Act of 1964. After summarizing the applicable standard, the court applied it to the facts as follows: Here, none of Plaintiff’s claims of…

Read More Hostile Work Environment Claim Dismissed; Merely “Uncivil” Conduct Insufficient
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