Title VII of the Civil Rights Act of 1964

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In Milord-Francois v. The New York State Office of the Medicaid Inspector General et al, 2020 WL 5659438 (SDNY Sept. 23, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The Court explained that plaintiff’s hostile…

Read More Hostile Work Environment Claim Dismissed; Conduct by Subordinate Employee Held Insufficient
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In Green v. New York City Transit Authority et al, 15-cv-8204, 2020 WL 5632743 (S.D.N.Y. Sept. 21, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim. Federal & State Law As to plaintiff’s claims under Title VII of the Civil Rights Act of 1964 and the…

Read More Sexual Harassment/Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Name-Calling, Pornography
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In Zheng-Smith v. Nassau Health Care Corporation, 18-cv-2585, 2020 WL 55117486 (EDNY Sept. 14, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claims alleged under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court explained the black-letter law as follows: Although courts are…

Read More Hostile Work Environment Claim, Based on Mocking of Accent, Dismissed
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In Meagher v. State University Construction Fund et al, 2020 WL 5504011 (N.D.N.Y. Sept. 11, 2020), the court, inter alia, dismissed plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the “black letter” law applicable to plaintiff’s Title VII retaliation claim: Title VII makes it unlawful “for…

Read More Title VII Retaliation Claim Dismissed; “Gender Plus Parental Status” Complaint Did Not Constitute “Protected Activity”
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In Padilla v. Sacks and Sacks, LLP, 2020 WL 5370799 (S.D.N.Y. Sept. 8, 2020), the court dismissed plaintiff’s claims of sexual harassment and discrimination on the basis of gender and sexual orientation, wrongful discharge, and intentional infliction of emotional distress. Plaintiff, a gay Hispanic woman, was employed by defendant as a paralegal. After dismissing plaintiff’s…

Read More Discrimination, Sexual Harassment Allegations Did Not Make Out Claim For Intentional Infliction of Emotional Distress
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In Lapko v. Grand Market Intern. Corp., No. 514403/2019, 2020 WL 4818702, 2020 N.Y. Slip Op. 32711(U) (N.Y. Sup Ct, Kings County Aug. 12, 2020), the court, inter alia, dismissed plaintiff’s claim of national origin discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.[1]The court…

Read More “Regional” National Origin Discrimination Claim Dismissed Under Title VII and NYS Human Rights Law
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In Gunning v. New York State Justice Center for Protection of People With Special Needs, 2020 WL 5203673 (N.D.N.Y., September 1, 2020), the court, inter alia, dismissed plaintiff’ hostile work environment claim as untimely. This decision is instructive as to the application of the “continuing violation doctrine” in the context of a hostile work environment…

Read More Hostile Work Environment Claim Dismissed; Continuing Violation Doctrine Held Inapplicable
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In Harrisman v. The City of New York Department of Transportation et al, 2020 WL 5211043 (S.D.N.Y. Sept. 1, 2020), the court, inter alia, dismissed plaintiff’s religion-based hostile work environment claim. Initially, the court summarized the “black-letter” law governing this claim: To prove a prima facie case of a hostile work environment, a plaintiff must…

Read More Hostile Work Environment Claim Dismissed; Allegation That Female Co-Workers “Talked Too Much” Amounted to “Episodic”, “Inoffensive Utterances”
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State and…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part Two (Title VII etc)
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