Title VII of the Civil Rights Act of 1964

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In Dubie v. Buffalo Concrete Accessories, Inc., 21-cv-744, 2022 WL 901604 (W.D.N.Y. March 28, 2022), the court, inter alia, held that plaintiff failed to state a claim for a race-based hostile work environment under Title VII of the Civil Rights Act of 1964. From the decision: Dubie alleges that she was subject to “microagression[s]; racial…

Read More Race-Based Hostile Work Environment Claim, Based on “Microaggressions” etc., Insufficiently Alleged
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In Connolly v. City of New York, 2022 WL 843497 (2d Cir. March 22, 2022), the court, inter alia, vacated the lower court’s dismissal (on timeliness grounds) of plaintiff’s retaliation claim. From the decision: We first address the District Court’s decision to dismiss as time-barred Connolly’s retaliation claims arising before November 20, 2013. The District…

Read More Retaliation Claim Was “Reasonably Related” to EEOC-Filed Claims
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In Tillman v. NYC Human Resources Administration, 2022 WL 874947 (S.D.N.Y. March 24, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. After assuming (without explicitly deciding) that hostile work environment claims are cognizable under the…

Read More Title VII, ADA Hostile Work Environment Claims Dismissed; “Scattered” Allegations of Events Over Four Years Insufficient
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In Abbt v. City of Houston, 2022 WL 764999 (5th Cir. March 11, 2022), the court, inter alia, reversed the lower court’s award of summary judgment for defendant on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. In sum, this case arose from the…

Read More Sexual Harassment Claim, Asserted by Houston Firefighter, Survives Summary Judgment
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In Paschall v. Tube Processing Corporation, 2022 WL 775413 (7th Cir. March 15, 2022), the U.S. Court of Appeals for the Seventh Circuit, inter alia, affirmed the dismissal of plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Among other things, plaintiff alleged that a male co-worker made sexual/obscene…

Read More Sexual Harassment (Hostile Work Environment) Claim Dismissal Affirmed; Co-Worker’s Harassment Not Imputable to Employer
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In Malone v. TDMW Management Inc., No. 5:21-cv-180, 2022 WL 507436 (N.D.Ala. Feb. 18, 2022), the court, inter alia, held that plaintiff did not state a plausible sexual harassment (hostile work environment) claim under Title VII of the Civil Rights Act of 1964, and therefore denied plaintiff’s motion for a default judgment as to this…

Read More Title VII Sexual Harassment (Hostile Work Environment) Claim Not Plausibly Alleged; Three Instances of Harassment Insufficient
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In Felder v. United States Tennis Association, 2022 WL 663145 (2d Cir. March 7, 2022), the Second Circuit considered the question of what a Title VII plaintiff must adequately allege to plead the existence of an employer-employee relationship pursuant to the “joint employer” doctrine. The alleged facts, in sum/brief: a security company (AJ Security) hired…

Read More Second Circuit Clarifies Application of the “Joint Employer” Doctrine to Title VII Discrimination Claims
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In Litten v. GM Components Holdings, LLC, 2022 WL 706971 (W.D.N.Y. March 9, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim – based on her status as a Native American – asserted under Title VII of the Civil Rights Act of 1964. This case is, unfortunately, yet another that serves as an…

Read More “Dirty Indian” Comment Insufficient to Support Hostile Work Environment Claim, Court Holds
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In Kasparek v. New York State, Department of Corrections and Community Supervision, 16-CV-671-LJV-MWP, 2022 WL 682633 (WDNY March 8, 2022), the court, inter alia, adopted a Report and Recommendation to deny defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964.…

Read More Graffiti Penis Sexual Harassment Claim Survives Summary Judgment
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In Bautista v. Chanel, Inc., 20 Civ. 4676, 2022 WL 374496 (SDNY Feb. 8, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race and national origin discrimination asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The court…

Read More Race, National Origin Discrimination Claims Against Chanel Survive Summary Judgment; Evidence Included Derogatory Comments About Speaking Spanish
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