It’s December 23rd, a/k/a Christmas Eve Eve, a/k/a Festivus. So Happy Festivus! Festivus is a non-commercial holiday, begun in 1966 and celebrated on December 23, as an alternative to the pressures and commercialism of the Christmas/holiday season. A key component of the holiday is the “Airing of Grievances,” which takes place right after Festivus dinner…
Read More Air Your Grievances: Festivus and DiscriminationIn Crowley v. Billboard Magazine, No. 19-cv-7571, 2021 WL 6033608 (S.D.N.Y. Dec. 21, 2021), the court granted defendant’s motion for summary judgment dismissing plaintiff’s claims of sexual orientation discrimination 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. This…
Read More Sexual Orientation Discrimination Claim Dismissed; Sending Sexually-Charged Messages Was Sufficient Reason For Termination, Notwithstanding That The Conduct Was Not Specifically ForbiddenIn a recent case, Hou v. Voya Insurance and Annuity Company et al, 2021 WL 5918573 (E.D.Pa. Dec. 15, 2021), the court, inter alia, held that plaintiff failed to demonstrate that the alleged conduct was sufficiently “severe or pervasive” to overcome summary judgment on her claim of hostile work environment sexual harassment asserted under Title…
Read More Sexual Harassment Claims Dismissed; “Slight Physical Contact”, “Infatuation” Insufficiently “Severe or Pervasive”In Sharp v. S&S Activewear, LLC, 2021 WL 5826310 (D.Nev. Dec. 8, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation. This case illustrates that a retaliation claim may succeed even where the underlying allegations constituting “protected activity” – here, a claim of sexual harassment based on, among other things, allegedly misogynistic…
Read More Retaliation Claim Sufficiently Alleged, Notwithstanding Dismissal of Underlying Sexual Harassment ClaimIn Sharp v. S&S Activewear, LLC, 2021 WL 5826310 (D.Nev. Dec. 8, 2021), the court, inter alia, dismissed plaintiff’s claim of a sexually hostile work environment asserted under Title VII of the Civil Rights Act of 1964. In sum, Plaintiffs allege that while they worked at Defendant’s warehouse, Defendant permitted managers and some employees to…
Read More Sexual Harassment Claim, Based on Alleged Misogynistic Warehouse Music, Insufficiently AllegedIn Burke v. Jose Luis Villa, Sadrac Louis, Bonefish Grill et al, No. 19-CV-2957, 2021 WL 5591711 (E.D.N.Y. Nov. 30, 2021), the court, inter alia, granted defendants’ motion for summary judgment dismissing plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff alleged…
Read More Retaliation Claim, Arising From Termination Following Sexual Harassment Complaint, DismissedA recent decision, Klimovitsky v. JG Innovative Industries, Inc. et al, No. 21-cv-755, 2021 WL 5712120 (EDNY Dec. 1, 2021), illustrates the mechanics of asserting an employment discrimination claim under Title VII of the Civil Rights Act of 1964. Here, the court dismisses the case – not on the merits, but rather because plaintiff failed…
Read More Sexual Harassment Plaintiff’s Complaint Dismissed Due to Premature FilingIn James v. Borough of Manhattan Community College et al, 20-cv-10565, 2021 WL 5567848 (S.D.N.Y. Nov. 29, 2021), the court, inter alia, dismissed plaintiff’s claims of a race- and age-based hostile work environment. This case aptly illustrates that a “work environment” that might be “hostile” in the ordinary sense is not necessarily a “hostile work…
Read More Hostile Work Environment Claim Dismissed; “Climate of Fear” Allegation InsufficientIn Sanchez v. Chevron North America Exploration and Production Co., 2021 WL 5513509 (5th Cir. Nov. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the “black letter” law, the court applied…
Read More Hostile Work Environment, Based on Race and National Origin, Sufficiently AllegedIn Dikambi v. City University of New York, Dr. Carlton J. Adams, 19-CV-9937, 2021 WL 5518187 (S.D.N.Y. Nov. 24, 2021), plaintiff asserted claims of gender discrimination, sexual harassment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and state law. The court…
Read More Hostile Work Environment Claim Stated; Court Addresses Novel Issue Regarding “Supervisor” Status