Title VII of the Civil Rights Act of 1964

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In Doe v. Gong Xi Fa Cai, Inc. d/b/a Alta Restaurant, 2019 WL 3034793 (SDNY July 10, 2019) – in which plaintiff asserts claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. and other statutes for alleged sexual discrimination and retaliation – the court denied plaintiff’s motion to…

Read More Sexual Harassment Plaintiff May Not Proceed Anonymously, Court Concludes Upon Application of 10-Factor Test
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In Bugtani v. Dish Network LLC, 2019 WL 2914158 (EDNY 2019), the court, inter alia, held that plaintiff’s employment discrimination and sexual harassment claims under Title VII of the New York State and City Human Rights Laws were subject to arbitration. From the decision: The arbitration agreement that the plaintiff signed is broad, see Johnston…

Read More Employment Discrimination, Sexual Harassment (Non-SOX) Claims Are Subject to Arbitration, Court Holds
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In Howard v. Port Authority of New York & New Jersey, 2019 WL 2910684 (2d Cir. July 8, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s sex discrimination claim under Title VII of the Civil Rights Act of 1964. The court provides an instructive overview of what a plaintiff must demonstrate in order…

Read More Second Circuit Affirms Dismissal of Title VII Sex Discrimination Claim Against Port Authority
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In Corso v. New York State Dept. of Corrections & Community Supervision, 2019 WL 2869573 (NDNY July 3, 2019), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Title VII does not impose “a general…

Read More Hostile Work Environment Claim Dismissed; Alleged Isolation, Hostile Comments and “Attitudes” (Etc.) Insufficient
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In Daniel v. T&M Protection Resources, LLC, 2019 WL 2754961 (2d Cir. July 2, 2019) (Summary Order), the court affirmed the lower court’s finding, after a bench trial, in defendant’s favor on plaintiff’s employment discrimination and hostile work environment claims. As to plaintiff’s hostile work environment claim, the court summarized the law as follows: In…

Read More Hostile Work Environment Not Established; Alleged Incidents Were “Only Mild or Isolated Instances of Harassment”
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In Borzon v. Green, et al., 18-2211 (2d Cir. July 2, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s race discrimination and retaliation claims under Title VII of the 1964 Civil Rights ACt of 1964. Plaintiff, who is white, alleged that shortly after his hiring, defendant was hired to serve as plaintiff’s…

Read More 2nd Circuit, Citing Negative Performance Reviews, Affirms Dismissal of White Plaintiff’s Title VII Discrimination and Retaliation Claims
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From MARIOS PANAYIOTOU, Plaintiff, v. N.Y.C. DEPARTMENT OF EDUCATION, Defendant., 2019 WL 2453438, at *5 (E.D.N.Y., 2019): As to the alleged national origin- and age-based animus, the incidents as described are not severe or pervasive enough to support a hostile work environment claim. Again, the plaintiff cites the principal’s instruction to “speak clearly” – an…

Read More National Origin- and Age-Based Hostile Work Environment Claims Dismissed
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Today the Supreme Court, in an opinion delivered by Justice Ginsburg, Ford Bend County, Texas v. Davis, No. 18-525, held that the EEOC charge-filing requirement, embodied in Title VII of the Civil Rights Act of 1964, is not “jurisdictional” (and thus does not relate to subject matter jurisdiction), but is rather a “claim-processing rul[] that…

Read More SCOTUS Holds That Title VII’s EEOC Charge-Filing Requirement is Not “Jurisdictional”
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In Williams v. County of Nassau et al, 15-cv-7098, 2019 WL 2270518 (E.D.N.Y. May 28, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim. Included among the evidence presented by plaintiff were “etchings” of the letters “KKK” and a half-finished swastika; “jokes” about the KKK standing…

Read More Hostile Work Environment Claim Dismissed; Presence of KKK, Swastika Etchings Insufficient
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In Kasperek v. New York State Department of Corrections and Community Supervision, 16-cv-00671, 2019 WL 2240391 (W.D.N.Y. May 24, 2019), the court denied defendant’s motion to dismiss plaintiff’s claim of gender discrimination. From the decision: Plaintiff has adequately alleged a claim for sex discrimination. The amended complaint contains several allegations relevant to an adverse employment…

Read More Sex Discrimination Claim Plausibly Alleged
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