Title VII of the Civil Rights Act of 1964

In Whitehead v. Florida Delivery Services, Inc., Case No. 8:22-cv-1482-WFJ-CPT, 2024 WL 418719 (M.D.Fla. Jan. 19, 2024), the court, inter alia, held that plaintiff sufficiently alleged pregnancy discrimination under Title VII of the Civil Rights Act of 1964 (including the Pregnancy Discrimination Act), and thus issued a Report and Recommendation that their motion for default…

Read More Default Judgment Warranted on Title VII Pregnancy Discrimination Claim
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In Davenport v. Joseph Fiordaliso et al, Civil Action No. 18-13687 (GC) (JBD), 2024 WL 343157 (D.N.J. Jan. 30, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: As to a hostile work environment, Plaintiff does not allege that anyone at the NJBPU ever used…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Frustration” Did Not Rise to the Level of Actionable Hostility
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In Arkorful v. New York City Department of Education, 18-cv-3455 (NG) (ST), 2024 WL 298999 (E.D.N.Y. Jan. 24, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. The court summarized the black-letter as follows: On a motion for…

Read More Title VII Retaliation Claims Survive Summary Judgement; Adverse Actions, Following Complaints of Discrimination, Included Failure to Investigate OEO Complaints
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In Arkorful v. New York City Department of Education, 18-cv-3455 (NG) (ST), 2024 WL 298999 (E.D.N.Y. Jan. 24, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of discrimination (based on race and national origin) under Title VII of the Civil Rights Act of 1964. Initially, the court determined that…

Read More Citing Inconsistencies in Defendant’s Actions, Court Finds Issues of Fact as to Pretext Warranting Denial of Summary Judgment Motion on Title VII Race/National Origin Discrimination Claims
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In Olson v. Takeda Pharmaceuticals America, Inc. et al, Case No. 8:23-cv-590-TPB-CPT, 2024 WL 245978 (M.D.Fla. Jan. 23, 2024), the court (inter alia) denied defendant’s motion to dismiss plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. From the decision: It is true…

Read More Title VII Race Discrimination Claim Survives Dismissal; Discovery Required to Determine Viability of Plaintiff’s Proffered Comparator
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In Anderson v. City of New York, 2024 WL 183103 (S.D.N.Y. Jan. 17, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claims. As to plaintiff’s claim under Title VII of the Civil Rights Act of 1964, the court explained: Plaintiff alleges after FDNY assigned her to the morning shift,…

Read More FDNY Paramedic’s Hostile Work Environment Claims Dismissed
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In De Piero v. Pennsylvania State University et al, CIVIL ACTION NO. 23-2281, 2024 WL 128209 (E.D.Pa. January 11, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964, 42…

Read More White Penn State Professor Sufficiently Alleges Race-Based Hostile Work Environment Claims
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In Foxworth v. Denis McDonough, 2024 WL 111761 (D.D.C. Jan. 10, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Court cannot conclude at this point that Foxworth has established a…

Read More Potential Need For Additional Discovery, Including Supervisor’s Testimony, Warrants Denial of Summary Judgment on Title VII Sex Discrimination & Retaliation Claims
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In Nuñez-Renck v. International Business Machines Corporation (IBM), 2023 WL 8464950 (N.D.Tex. Dec. 6, 2023), the court, inter alia, granted plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to what a complaint alleging a hostile work environment claim must set forth. The…

Read More Title VII Hostile Work Environment Claim Dismissed; Mere Reference to “Harassment” Insufficient
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In Clark v. Sampson Regional Medical Center, Incorporated, NO. 5:22-CV-529-FL, 2023 WL 8654920 (E.D.N.C. Dec. 14, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race & sex-based hostile work environment under Title VII of the Civil Rights Act of 1964. After reciting the elements that a plaintiff must allege to…

Read More Alleged Harassment by CEO Sufficiently Stated Claim for Race, Sex-Based Hostile Work Environment, Court Holds
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