Title VII of the Civil Rights Act of 1964

In Palmer v. ECapital Corp. et al, 23 Civ. 4080 (DEH). 2024 WL 3794715 (S.D.N.Y. Aug. 13, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims. In sum, plaintiff alleged that she was disparately treated as compared to her male predecessor, a male colleague who eventually replaced her, and male…

Read More Sex Discrimination Claims Asserted by Replaced Female CEO Survive Dismissal
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In Applewhite et al v. N.Y.C. Dept. of Education, 2024 WL 3718675 (E.D.N.Y. Aug. 8, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s failure-to-accommodate religion claim. From the decision: A plaintiff bringing a Title VII religious discrimination claim for failure to accommodate must allege that she “(1) has a bona fide religious…

Read More Failure to Accommodate Religion Claim Dismissed, Absent Allegation of Conflict Between Religious Observance and Employment Requirement
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s various discrimination claims asserted under federal law (namely, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities…

Read More Hostile Work Environment Claims Based on Race, Gender, Sexual Orientation, and Disability Survive Dismissal
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In McWilson v. Bell Textron Inc., No. 4:23-cv-01104-P, 2024 WL 3585615 (N.D.Tex. July 30, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: McWilson filed a timely EEOC charge for a single discrete act—the…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Continuing Violation Doctrine Applied
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In Mercer v. ViacomCBS/Paramount, 22 Civ. 6322 (LGS), 2024 WL 3553133 (S.D.N.Y. July 26, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of retaliation under the Americans with Disabilities Act or Title VII of the Civil Rights Act of 1964, on the ground that she failed to exhaust her administrative remedies…

Read More ADA Retaliation Claim Dismissed as Not Exhausted at the EEOC
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In Jackson v. Whelan Event Staffing Services, Inc. et al, Civil Action No. 24-cv-00072-LKG, 2024 WL 3487888 (D.Md. July 19, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law, the court…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Alleged Back Massage & Penis Text Insufficient
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In Williams v. Chicago Transit Authority, 2024 WL 3455022 (N.D.Ill. July 18, 2024), the court, inter alia, held that plaintiff plausibly alleged a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds that Williams has met her burden at this stage and stated a…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged Against Chicago Transit Authority
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In Veras v. New York City Department of Education et al, No. 1:22-cv-00056 (JLR) (SN), 2024 WL 3446498 (S.D.N.Y. July 17, 2024), the court, inter alia, dismissed plaintiff’s complaint alleging hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s fourth cause of action alleges sexual…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Alleged Sticking Out Tongue, “Humping” Object Insufficient
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In Wickland v. Archcare at Terrance Cardinal Cooke Health Care Center et al, 2024 WL 3432029 (E.D.N.Y. July 15, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of sex discrimination (termination) asserted under Title VII of the Civil Rights Act of 1964. The court summarized the law, and applied it to…

Read More Title VII Sex Discrimination Claim Dismissed; Termination Was Allegedly Due to “No Call No Show” and Not Plaintiff’s Sex
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