Title VII of the Civil Rights Act of 1964

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In Harris v. Sam’s East, Inc., 4:20-CV-176 (CDL), 2022 WL 1631963 (M.D.Ga. May 23, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim for retaliation under Title VII of the Civil Rights Act of 1964. This case illustrates that a retaliation claim may survive, even though the underlying claim –…

Read More Retaliation Claim, Arising From Complaints of Sexual Harassment, Survives Summary Judgment
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In Hunley v. DTLR Villa, Inc., 22-CV-6010L, 2022 WL 1447737 (W.D.N.Y. May 9, 2022), the court granted defendant’s motion to dismiss plaintiff’s discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. This case teaches that a plaintiff may not prevail on such a claim by merely alleging that (a)…

Read More Title VII Sex/Race-Based Discrimination, Retaliation Claims Dismissed; Link Between Protected Class(es) and Adverse Action Was Lacking
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In Brager v. Quality Bldg. Services Corp., No. 155832/2021, 2022 WL 1599529 (N.Y. Sup. Ct. NY Cty. May 20, 2022), the court, inter alia, dismissed plaintiff’s age and national origin-based hostile work environment claim as insufficiently pled. As to plaintiff’s age discrimination claim, the court explained: Plaintiff’s allegations regarding the alleged hostile work environment related…

Read More Hostile Work Environment Claims Insufficiently Alleged; Being Jewish Was Not a “National Origin” Category
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In Turner v. Copeland Group USA Inc, 2022 WL 1508446 (S.D.Tex. May 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the relevant facts as follows: Plaintiffs Vanessa La Barrie and Celmira Turner…

Read More Race-Based Hostile Work Environment Claim, While Based on “Scant” Allegations, Survived Dismissal
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In Makhsudova v. City of New York et al, 2022 WL 1571152 (S.D.N.Y. May 18, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims 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.…

Read More Hostile Work Environment Claims, Asserted by Muslim Uzbek Woman, Survive Dismissal
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In Rippstein v. Boeing Company, et al, 2022 WL 1522155 (D.Ariz. May 13, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant next argues that the three anonymous emails sent to Plaintiff’s…

Read More Title VII Hostile Work Environment Claim Survives Summary Judgment Against Boeing; Evidence Included Death Threats
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In Haughton v. Ja-Co Foods, Inc. d/b/a Sonic Drive-Ins, No. 1:20-CV-241-SA-DAS, 2022 WL 1498107 (N.D. Miss. May 11, 2022), the court held that plaintiff presented sufficient evidence to survive summary judgment on plaintiff’s hostile work sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Generally, in order to make out…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Singing “Inappropriate Songs” and “Humping”
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A recent retaliation/sexual harassment case, Young v. Bernhard MCC, LLC, No. 3:20-cv-00363, 2022 WL 1499700 (M.D.Tenn. May 12, 2022), presents an interesting and somewhat unique fact pattern. Here, plaintiff Michael Young is plaintiff Robert Young’s father. Michael and Robert worked together at defendant Bernhard MCC, a construction company, until they were both fired on the…

Read More Father’s Title VII Retaliation Claim, Arising From Reporting Sexual Harassment Against Son, Survives Summary Judgment
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In Díaz-Zayas v. Municipality of Guaynabo, et al, No. 18-1668 (RAM), 2022 WL 1322657 (D.Puerto Rico April 27, 2022), the court, inter alia, denied defendant’s Rule 12(b)(6) motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the factual allegations, in part, as…

Read More Quid Pro Quo Sexual Harassment Claim, Based on Alleged Conduct of Héctor O’Neill-García, Survives Dismissal
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In Nyambi v. Delta Airlines, Inc., No. 2:21-cv-00369-JHC, 2022 WL 1443741 (W.D.Wash. May 6, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Assuming Plaintiff pleaded a hostile work environment claim, he fails to…

Read More Race-Based Hostile Work Environment Claim Dismissed; Single “Stupid African” Remark Insufficiently “Severe”
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