Title VII of the Civil Rights Act of 1964

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In Domingues v. Barton Chevrolet Cadillac et al, 18-CV-07772, 2021 WL 637016 (S.D.N.Y. Feb. 17, 2021), the court, inter alia, denied defendant Barton Chevrolet’s motion for summary judgment on plaintiff’s retaliation claim (arising from her complaints of sexual harassment) asserted under Title VII of the Civil Rights Act of 1964 and the New York State…

Read More Retaliation Claim Survives Summary Judgment Against Barton Chevrolet
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In Domingues v. Barton Chevrolet Cadillac et al, 18-CV-07772, 2021 WL 637016 (S.D.N.Y. Feb. 17, 2021), the court, inter alia, denied defendant Barton Chevrolet’s motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The…

Read More Sexual Harassment Hostile Work Environment Survives Summary Judgment; Breast Touching & Comments Presented Triable Issues of Fact
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In Reyes v. Westchester County Health Care Corp., 19-CV-08916, 2021 WL 310945 (S.D.N.Y. Jan. 29, 2021), the court, inter alia, dismissed plaintiff’s pregnancy- and national origin-based hostile work environment claims. From the decision: To state a hostile work environment claim under the Title VII, Plaintiff must allege: “[1] that the harassment was ‘sufficiently severe or…

Read More Hostile Work Environment Claim Dismissed; “Objectionable Vignettes” Did Not Give Rise to Actionable Objectively Hostile Environment
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A recent decision, Girard v. International Association of Approved Basketball Officials, Inc., 2021 WL 222116 (2d Cir. Jan. 22, 2021) (Summary Order), illustrates the principle that Title VII of the Civil Rights of 1964 (the primary federal anti-discrimination law) protects only “employees.” Girard, a female middle and high school basketball referee, sued defendants under Title…

Read More High/Middle School Basketball Referee Was Not a Title VII “Employee”; Gender Discrimination and Retaliation Claims Dismissed
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In Tihan v. Apollo Management Holdings, L.P., No. 152196/2019, 2021 WL 274709 (N.Y. Sup Ct, New York County Jan. 27, 2021), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s (a Turkish Muslim) claims of discrimination based on his national origin or religion. The court rejected plaintiff’s argument that his performance reviews…

Read More National Origin, Religious Discrimination Claims Dismissed Against Apollo Management Holdings
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In Crews v. The City of Ithaca et al, 2021 WL 257120 (N.D.N.Y. Jan. 26, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim – which was based, in part, on plaintiff’s co-workers creating a fake ID that included Plaintiff’s picture with the name “McLovin” printed on the ID (which was a reference to…

Read More “McLovin” Fake ID, While Inappropriate, Did Not Give Rise to a Hostile Work Environment Claim
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In Knox v. John Varvatos Enterprises Inc., 17-CV-772, 2021 WL 95914 (S.D.N.Y. Jan. 12, 2021) – a gender discrimination class action lawsuit – the court, inter alia, upheld the jury’s finding that defendant engaged in gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.…

Read More Court Upholds Gender Discrimination Jury Verdict for John Varvatos Saleswomen; Malevolent Motive Not Required
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In Knox v. John Varvatos Enterprises Inc., 17-CV-772, 2021 WL 95914 (S.D.N.Y. Jan. 12, 2021) – a gender discrimination class action lawsuit – the court, inter alia, held that the defendant was not permitted to invoke the “Bona Fide Occupational Requirement” (BFOQ) defense codified in Title VII of the Civil Rights Act of 1964. In…

Read More “Bona Fide Occupational Requirement” Defense Properly Denied to John Varvatos in Sex Discrimination Case
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In Martinez v. McCarthy, 2020 WL 7579516 (2d Cir. Dec. 22, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of discrimination, harassment, and retaliation claims – asserted under Title VII of the Civil Rights Act of 1964 – by plaintiff, a “dual status” employee of the U.S. Army.…

Read More Feres Doctrine Bars Title VII Discrimination Claims by “Dual Status” Army Employee
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In Jean v. U.S. Equal Employment Opportunity Commission, 2020 WL 7321057 (S.D.N.Y. Dec. 3, 2020), the court dismissed a lawsuit filed against the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency responsible for administering various federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment…

Read More Sovereign Immunity Precludes Lawsuit Against EEOC Based on Alleged Mishandling of Investigation of Employment Discrimination Claim
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