Title VII of the Civil Rights Act of 1964

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In Scé v. City of New York, 2022 WL 598974 (2d Cir. March 1, 2022), the Second Circuit, inter alia, vacated the district court’s award of summary judgment to defendants on plaintiff’s retaliation and aiding & abetting claims asserted in his Second Amended Complaint under the New York City Human Rights Law. (The court did,…

Read More Retaliation Claim, Involving Alleged “Baseless” Sexual Harassment Investigation, Resurrected From Summary Judgment Dismissal
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In Barbini v. First Niagara Bank N.A. et al, 16-cv-7887, 2022 WL 623184 (S.D.N.Y. March 3, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim that she suffered retaliation for opposing sexual harassment. From the decision: After due consideration, the Court concludes that a material dispute of fact precludes summary…

Read More Retaliation Claim, Arising From Opposition to Sexual Harassment (Assisting With Complaint), Survives Summary Judgment
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In Mondelo v. Quinn, Emanuel, Urquhart & Sullivan, LLP et al, 21-cv-02512, 2022 WL 524551 (SDNY Feb. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s Spanish Ethnicity/Ancestry/National Origin-based hostile work environment claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights…

Read More Spanish Ethnicity/Ancestry/National Origin Hostile Work Environment Claim Survives Against Quinn, Emanuel Law Firm
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In Milord-Francois v. New York State Office of the Medicaid Inspector General et al, No. 20-3646-cv, 2022 WL 480477 (2d Cir. Feb. 17, 2022), the court, inter alia, vacated the district court’s award of summary judgment on plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. From the decision: Milord-Francois…

Read More Race-Based “Pretext” Employment Discrimination Claim Survives Summary Judgment
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In Boatright v. U.S. Bancorp, 20-4236-cv, 2022 WL 351059 (2d Cir. Feb. 7, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the summary judgment dismissal of plaintiff’s race- and gender-based discrimination claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New…

Read More Race, Gender-Based Pay Discrimination Claim Dismissal Affirmed; Alleged “Shifting Explanations” Did Not Permit Finding of Pretext
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In Richards v. The Department of Education of the City of New York et al, 21-cv-338, 2022 WL 329226 (S.D.N.Y. Feb. 2, 2022), the court, inter alia, held that plaintiff plausibly alleged retaliation. The court did, however, dismiss several of plaintiff’s other claims, such as for race- and religion-based hostile work environment. Accordingly, this case teaches…

Read More Retaliation Claim Survives, In Part, Against NY Dept. of Education
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In Huayuan Chen v. Stony Brook University Advancement et al, 2022 WL 289317 (2d Cir. Feb. 1, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s judgment dismissing, on summary judgment, plaintiff’s claim of national origin discrimination under Title VII of the Civil Rights Act of 1964. After summarizing the…

Read More Second Circuit Affirms Dismissal of Chinese-Based National Origin Discrimination Claim
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In Adeniji v. The City of New York et al, 19-CV-8032, 2022 WL 254939 (S.D.N.Y. Jan. 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination against the City of New York asserted under Title VII of the Civil Rights Act of 1964. Among other things, the court discussed and applied the…

Read More Title VII Race Discrimination Claim (Based on “Lazy”, “Inferior” Remarks) Survives Against City of New York
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In Matsko v. New York, 2022 WL 137724 (N.D.N.Y. Jan. 14, 2022), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claim of sexual harassment under Title VII of the Civil Rights Act of 1964. Here, the sexual harassment was alleged to have been committed by a non-supervisor; accordingly, the alleged wrongful…

Read More Sexual Harassment Claim, Based on Conduct by Non-Supervisor, Dismissed; Employer Not Shown to be Negligent in Controlling Working Conditions
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In Joyce v. Remark Holdings, Inc. et al, 2022 WL 179839 (S.D.N.Y. Jan. 20, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: Joyce points to three specific instances to argue that Tao created a hostile work environment. First, when Joyce…

Read More Hostile Work Environment Claim Dismissed; Limited Interactions With Alleged HWE Creator
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