Title VII of the Civil Rights Act of 1964

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In Harlow v. Molina Healthcare, Inc., 5:20-CV-1382, 2024 WL 1126736 (N.D.N.Y. March 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on her retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the “black letter” law, the court…

Read More Retaliation Claim Survives Summary Judgment; Termination Followed Sexual Harassment Complaint
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In Harlow v. Molina Healthcare, Inc., 5:20-CV-1382, 2024 WL 1126736 (N.D.N.Y. March 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on her hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the black-letter law, the…

Read More Hostile Work Environment (Same-Sex) Sexual Harassment Claims Survive Summary Judgment; Evidence Included Unwanted Touching and Suggestive Language
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In Nofal v. IMCMV Times Square LLC et al, 22 Civ. 3104 (DEH), 2024 WL 1138928 (S.D.N.Y. March 15, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s religion-based hostile work environment claim. Plaintiff, who is Muslim, predicated his religious-discrimination claim on a single comment, namely, telling plaintiff that if he…

Read More Religion-Based Hostile Work Environment Claim Dismissed; Single Comment Insufficient
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In Clawson v. The City of Albany Department of Fire & Emergency, 2024 WL 1044531 (2d Cir. March 11, 2024), the U.S. Court of Appeals for the Second Department affirmed the district court’s award of summary judgment on plaintiff’s claim of race-discrimination – specifically, that defendant rescinded plaintiff’s promotion because of his race. From the…

Read More 2d Circuit Upholds Denial of Alleged Race-Based Discriminatory Promotion Rescission
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. (I wrote about the court’s…

Read More Actress Plausibly Alleges Race-Based Hostile Work Environment Claims Under NYS and NYC Human Rights Laws (But Not Title VII)
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discriminatory termination claims. The court discussed, and applied, the…

Read More Actress Plausibly Alleges Race-Based Discriminatory Termination, Court Holds
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In Moll v. Telesector Resources Group, Inc., No. 20-3599, 2024 WL 820179 (2d Cir. Feb. 28, 2024), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order dismissing plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: In…

Read More 2d Circuit Vacates Summary Judgment Dismissal of Title VII Hostile Work Environment Claim
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In Brown v. Cnty. of Westchester, 22-CV-06146 (PMH), 2024 WL 21937 (S.D.N.Y. Jan. 2, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race discrimination, sex/gender discrimination, and hostile work environment (but only as to timely conduct). From the decision: To establish a prima facie case of discrimination under Title VII…

Read More Title VII Race Discrimination Claim Survives Dismissal; Sexual Harassment Claim Dismissed as Time-Barred
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In Murillo-Roman v. Pension Boards – United Church of Christ, Case No. 1:22-cv-08365 (JLR), 2024 WL 246018 (S.D.N.Y. Jan. 23, 2024), the court, inter alia, held that plaintiff sufficiently alleged claims of employment discrimination. The court discussed and applied the law as follows: Plaintiff’s claims of race and national-origin discrimination under Title VII and Section…

Read More Title VII Race, National Origin Discriminatory Termination Claims Survive Dismissal
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In Yuvienco v. Tom Vilsack, Secretary of Agriculture, 2024 WL 727712 (D.D.C. Feb. 22, 2024), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment claims. Initially, the court summarized the relevant black-letter law, highlighting the requirement that a plaintiff asserting such a claim “must establish that the allegedly harassing conduct complained of was…

Read More Hostile Work Environment Claims Dismissed; Allegations of Inaccurate Criticism etc. Insufficient
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