Title VII of the Civil Rights Act of 1964

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In Luo v. AIK Renovation Inc. et al, 23-cv-5878 (LJL), 2023 WL 8113437 (S.D.N.Y. Nov. 22, 2023), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment claims based on his Chinese descent, and denied defendant’s motion to dismiss. After determining that plaintiff sufficiently allege disparate treatment, the court evaluated his hostile work…

Read More Hostile Work Environment Claims, Arising From Anti-Chinese and Anti-Black Slurs, Survive Dismissal
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In Kayode v. Merrick B. Garland, Case No. 1:22-cv-03802 (TNM), 2023 WL 8083638 (D.D.C. Nov. 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. Here, in sum, plaintiff alleged that she was treated in a “rude”, “offensive”, and…

Read More Title VII Hostile Work Environment Claim, Based on Supervisor’s Conduct, “Barely” Survives Dismissal
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In Cornelius v. CVS Pharmacy, Inc., Civil Action No. 23-01858 (SDW) (AME), 2023 WL 6876925 (D.N.J. October 18, 2023), the court, inter alia, held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not excuse plaintiff’s claims from arbitration in the first instance. This decision illustrates, among other…

Read More Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) Did Not Bar Arbitration; Sex Discrimination, But Not Sexual Harassment, Not Alleged
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In Qiu v. Board of Education of Woodford Cnty. Public Schools, Civil Action No. 5: 22-196-DCR, 2023 WL 6291896 (E.D.Ky. Sept. 27, 2023), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of employment discrimination (based on national origin) asserted under Title VII of the Civil Rights Act of 1964. Generally,…

Read More Failure-to-Hire Discrimination Claim Dismissed; Plaintiff Was Not “Qualified” For Physics Teacher Position
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In D’Cunha v. Northwell Health Systems, 2023 WL 7986441 (2d Cir. Nov. 17, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s sex/pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that she was terminated due to her having not received the COVID vaccine, notwithstanding…

Read More 2nd Circuit Affirms Dismissal of Sex/Pregnancy Discrimination Claim Arising From Termination Due to Not Receiving COVID Vaccine
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In Maldonado v. City of Midland, MO:23-CV-00037-DC-RCG, 2023 WL 6978077 (W.D.Tex. October 5, 2023), the court, inter alia, recommended the dismissal of plaintiff’s claim of sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964, on the ground that she failed to exhaust her administrative remedies as to that claim. From…

Read More Title VII Sexual Harassment Claim Dismissed, as Not Administratively Exhausted
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In Mesbah v. University of Louisville, Civil Action No. 3:22-CV-567-CHB, 2023 WL 6050232 (W.D.Ky. Sept. 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and the Kentucky Civil Rights Act. As to whether the alleged…

Read More Sexual Harassment Claims Sufficiently Alleged; Allegations Included Date Requests, Inappropriate Touching, and Staring
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In Weadd v. Thomas, 2023 WL 7385815 (E.D.La. Nov. 8, 2023), the court, inter alia, dismissed plaintiff’s sex discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, due to her failure to exhaust administrative remedies at the U.S. Equal Employment Opportunity Commission. From the decision: Here, Ms. Weadd’s EEOC charge only…

Read More Title VII Sex Discrimination, Hostile Work Environment Claims Held Not Administratively Exhausted Before the EEOC
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In Ayers v. Infinity Dental Management LLC, 2023 WL 7386676 (E.D.Pa. Nov. 8, 2023), the court granted defendant’s motion to dismiss plaintiff’s claims of employment discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: Because Ayers asserts that he was terminated from his employment, he has satisfied the adverse…

Read More Failure to Allege Membership in Protected Class Dooms Wrongful Termination, Hostile Work Environment Claims
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In Ali-Hasan, M.D. v. St. Peter’s Health Partners Medical Associates, P.C. et al, 2023 WL 7320860 (2d Cir. Nov. 7, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to the defendants on plaintiff’s sex discrimination asserted under Title VII of the Civil Rights Act of…

Read More 2d Circuit Affirms Dismissal of Title VII Sex Discrimination Complaint by Male Target of Anonymous Complaint of Sex Discrimination,
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