Title VII of the Civil Rights Act of 1964

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In Hutting v. Independent Living, No. 2017-09639, 6011/15, 2021 N.Y. Slip Op. 05551, 2021 WL 4763056 (N.Y.A.D. 2 Dept., Oct. 13, 2021), the court affirmed the dismissal of plaintiff’s claims of sexual orientation discrimination, as well as retaliation under the Family & Medical Leave Act. As to plaintiff’s discrimination claims, the court explained: The Supreme…

Read More Sexual Orientation Discrimination, FMLA Claims Properly Dismissed
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In Franklin v. New York City Transit Authority, 18-cv-6436, 2021 WL 4710762 (S.D.N.Y. Oct. 8, 2021), the court dismissed plaintiff’s failure-to-promote claim under Title VII of the Civil Rights Act of 1964, since that claim was not “administratively exhausted.” From the decision: The defendant in this case argues – correctly – that the plaintiff’s claims…

Read More Title VII “Failure to Promote” Claim Dismissed; Failure to Include in EEOC Charge Fatal
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In Kilgannon v. Social Security Administration et al, 20-cv-01891, 2021 WL 4523505 (S.D.N.Y. Sept. 30, 2021), the court, inter alia, dismissed plaintiff’s claims of hostile work environment sexual harassment, which were predicated on sexual advances by plaintiff’s co-worker. From the decision: Plaintiff alleges numerous specific, instances of Ms. Borges’s alleged harassing behavior which he claims…

Read More Co-Worker’s Sexual Advances Did Not Constitute an Actionable Hostile Work Environment, Court Holds
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In Arbouin v. Bob’s Discount Furniture, LLC et al, 20-CV-1893, 2021 WL 4458932 (E.D.N.Y. Sept. 29, 2021), the court, inter alia, adopted a Magistrate Judge’s Report & Recommendation that defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claim be denied. From the decision: Defendants argue that the R&R errs in finding that the…

Read More Sexual Harassment Plausibly Alleged; Allegations Included Co-Worker’s Touching and Sexual (and Non-Sexual) Comments
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Some court decisions, particularly in the employment discrimination context, are perfect examples of “what not to do” in the workplace. In such a recent case, Shkoza v. NYC Health & Hospitals Corp., 20-CV-3646, 2021 WL 4340787 (S.D.N.Y. Sept. 22, 2021), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under the New…

Read More Sex-Based Hostile Work Environment Sufficiently Alleged; Allegations Included “Wives” Comment, Inappropriate Touching
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In Zuckerman v. GW Acquisition LLC d/b/a G&W Industries et al, 20-CV-8742, 2021 WL 4267815 (S.D.N.Y. Sept. 20, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy/lactation-related unlawful termination claims. (The court also denied defendants’ motion to dismiss plaintiff’s hostile work environment claims, which I addressed in a separate post.) The court…

Read More Breastfeeding Mother’s Gender/Pregnancy Discrimination Claims Survive Dismissal
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In Karupaiyan v. CVS Health Corp. et al, 19 Civ. 8814, 2021 WL 4341132 (S.D.N.Y. Sept. 23 2021), the court, inter alia, held that plaintiff sufficiently alleged claims of race discrimination against several defendants under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State and City Human…

Read More Race Discrimination Claims Survive Against CVS et al; Court Applies the “Stray Remarks” Doctrine
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In Fabor v. Niagara Frontier Transportation Authority, 19-CV-1573S, 2021 WL 4060420 (W.D.N.Y. Sept. 7, 2021) – a race discrimination and retaliation case asserted under Title VII of the Civil Rights Act of 1964 – the court discussed and applied the rules concerning the “administrative exhaustion” aspect of asserting a Title VII claim. In sum, before…

Read More Premature “Right to Sue” Letter Results in Dismissal of Race Discrimination an Retaliation Claims
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In Zuckerman v. GW Acquisition LLC d/b/a G&W Industries et al, 20-CV-8742, 2021 WL 4267815 (S.D.N.Y. Sept. 20, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy/lactation-related hostile work environment claims. From the decision: The Court finds that Plaintiff has pled sufficient facts to indicate that the three elements of a hostile…

Read More Pregnancy-Related Hostile Work Environment Claims Survive Motion to Dismiss; Allegations Included Lactation Comments
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In Barney v. H.E.L.P. Homeless Service Corporation, 19 Civ. 5959, 2021 WL 4267629 (S.D.N.Y. Sept. 20, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim sexual orientation-based hostile work environment asserted under the New York City Human Rights Law. Notably, the court granted defendant’s motion for summary judgment on plaintiff’s…

Read More Sexual Orientation Hostile Work Environment Claim Survives Under City, But Not State and Federal, Law
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