Title VII of the Civil Rights Act of 1964

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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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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 (EPA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part One (Equal Pay Act)
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In Cocca-Rau v. Standard Insurance Company, 2020 WL 4207442 (S.D.N.Y. July 22, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s complaint alleging religious discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that she suffered an adverse employment action (termination) because of her membership in a…

Read More Catholic Plaintiff’s Title VII “Reverse Religious Discrimination” Complaint Dismissed
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In a recent decision, Simmons v. Safeway, Inc. d/b/a Haggen Food and Pharmacy et al., 19-35715 (9th Circuit Aug. 5, 2020) (deemed “not for publication”),[1]General information about this practice here the U.S. Court of Appeals for the Ninth Circuit reversed a summary judgment granted to defendant in plaintiff’s sexual harassment case asserted under Title VII…

Read More Ninth Circuit Reinstates Sexual Harassment Case Against Safeway
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In Vucinaj v. New York City Police Department et al, 2020 WL 4677597 (SDNY Aug. 12, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: It is clear, based on Plaintiff’s testimony, that he subjectively perceived the environment at the NYPD to be hostile during his tenure. But the acts…

Read More Hostile Work Environment Claim Against NYPD Dismissed; Anti-Albanian Comments Were “Sporadic”
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