Title VII of the Civil Rights Act of 1964

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In Belvin et al v. Electchester Management, LLC, 2022 WL 10586743 (E.D.N.Y. Oct. 18, 2022) – in which plaintiffs assert claims of, inter alia, hostile work environment – the court ruled on various motions in limine filed by the parties. In one motion, defendant asked the court to preclude testimony from two nonparty employees of defendant…

Read More Other-Employee Harassment Relevant to Hostile Work Environment Claim, Court Holds
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In Chambers v. District of Columbia, 35 F.4th 870 (D.C. Cir. 2022), the U.S. Court of Appeals for the District of Columbia Circuit held that under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964, the denial of a transfer may constitute actionable discrimination, notwithstanding the absence of “objectively tangible harm.”…

Read More Transfer Denial is “Discrimination” Within the Meaning of Title VII;
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In Torres v. Pasco County, Florida, 2022 WL 7125207 (M.D.Fla. Oct. 12, 2022), the court, inter alia, dismissed plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In this case, Plaintiff claims that she was subject to unwelcome sexual harassment through “cat calls.” However, Plaintiff offers…

Read More Sexual Harassment Complaint Dismissed; Alleged “Cat Calls” Insufficient
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In Paladino v. Rochester Institute of Technology, Case # 22-CV-6028-FPG, 2022 WL 4922289 (W.D.N.Y. Oct. 4, 2022), the court dismissed, as untimely, plaintiff’s sex/sexual-orientation discrimination claim (based on defendant’s alleged failure to promote her) asserted under Title VII of the Civil Rights Act of 1964. This case illustrates the difference between claims premised on a…

Read More Court Dismisses Discrete Title VII “Failure to Promote” Claim as Untimely
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In Zaja v. SUNY Upstate Medical University/Upstate Healthcare Center, 5:20-CV-337 (MAD/TWD), 2022 WL 4465498 (N.D.N.Y. Sept. 26, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Defendant has met its burden of production to…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Survives Summary Judgment
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In Zaja v. SUNY Upstate Medical University/Upstate Healthcare Center, 5:20-CV-337 (MAD/TWD), 2022 WL 4465498 (N.D.N.Y. Sept. 26, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. (The court did, however, deny defendant’s motion for…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; While Sex-Based Conduct Was “Severe”, There Was No Basis For Imputing Conduct to Defendant
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In Kubas v. 331B, LLC d/b/a Rockwell Fitness, No. MJM-20-2456, 2022 WL 4608147 (D.Md. Sept. 30, 2022), the court denied defendant’s motion for summary judgment on plaintiff’s claim that defendant terminated her employment in retaliation for reporting sexual harassment by another employee, in violation of Title VII of the Civil Rights Act of 1964. After finding that…

Read More Title VII Retaliation Claim, Arising From Termination Following Complaints of Sexual Harassment, Survives Summary Judgment Against Maryland Gym
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In Matthew v. Texas Comptroller of Public Accounts et al, No. 21 Civ. 5337 (JPC), 2022 WL 4626511 (S.D.N.Y. Sept. 30, 2022), 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: Taking into consideration all…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Allegations Included Belittling of Black Employees
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In Stancu v. New York City/Parks Dept., 20-CV-10371(ALC), 2022 WL 4581844 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To establish a hostile work environment … a plaintiff must show…

Read More Religion-Based Hostile Work Environment Claim Sufficiently Alleged
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In McMillian v. New York City Taxi and Limousine Commission et al, No. 20-cv-5722 (LDH), 2022 WL 4539689 (E.D.N.Y. Sept. 28, 2022), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim. From the decision: Defendants argue that Plaintiff’s hostile work environment claim should be dismissed because Plaintiff does not provide any concrete examples…

Read More Title VII Hostile Work Environment Claim, Lacking Connection to Gender, Dismissed
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