Title VII of the Civil Rights Act of 1964

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In Anderson v. NYC Health and Hospitals (Coney Island Hospital), 2019 WL 1765221 (E.D.N.Y. April 22, 2019), the court, inter alia, held that plaintiff failed to state a claim for hostile work environment under Title VII of the Civil Rights Act of 1964. It summarized the (well-established) law as follows: In order to prevail on…

Read More Hostile Work Environment Claim Dismissed; Amended Complaint Failed to Allege Specifics
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On Monday, April 22, 2019, the U.S. Supreme Court granted certiorari in several cases – including Altitude Express, Inc. et al v. Zarda, Melissa, et al. (17-1623), which originated in the Second Circuit. The Question Presented in the Zarda case, as set forth in that case’s certiorari petition (which I wrote about here) is: Whether…

Read More SCOTUS Agrees to Hear Title VII Sexual Orientation Discrimination Case
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In Collymore v. City of New York et al, 18-2099 (2d Cir. April 11, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Plaintiff alleged, inter alia, that she was the victim of…

Read More Title VII Retaliation Claim Survives Dismissal; Adverse Action Affected Plaintiff’s Health
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In Collymore v. City of New York et al, 18-2099 (2d Cir. April 11, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sexual harassment claim under Title VII of the Civil Rights Act of 1964. The court wrote: Collymore alleges that Lisa Maluf, her…

Read More Sexual Harassment Claim Dismissal Affirmed; Touching Not Shown to be “Because of” Plaintiff’s Sex
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In D’Andrea v. Kirstjen M. Nielsen, Secretary, Department of Homeland Security, 2019 WL 1503923 (2d Cir. April 5, 2019) (Summary Order), the Second Circuit – after affirming the dismissal of plaintiff’s retaliation claim – turned to plaintiff’s hostile work environment claim. The court understood plaintiff “to argue that DHS created a hostile work environment in…

Read More 2d Circuit Remands Hostile Work Environment Question to District Court
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In Burgos v. City of New York, 2019 WL 1299461, at *10–11 (S.D.N.Y., 2019), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim – though it did dismiss his claims of discrimination based on his race (Hispanic) and religion (Islam). The court held that plaintiff sufficiently alleged the existence of one or…

Read More Sanitation Worker’s Title VII Retaliation Claim Survives Dismissal Against the City of New York
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In Baker v. Medical Answering Services, LLC, 18-cv-00870, 2019 WL 634654 (N.D.N.Y. Feb. 14, 2019), the court dismissed plaintiff’s employment discrimination complaint, finding that plaintiff did not sufficiently allege a violation of Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has, however, failed to plausibly allege circumstances giving rise to…

Read More Inference of Discrimination Not Sufficiently Alleged; Employment Discrimination Complaint Dismissed
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In a recent decision, Wittmer v. Phillips 66 Company, 18-20251 (5th Cir. Feb. 6, 2019), the U.S. Court of Appeals for the Fifth Circuit held that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination “because of … sex” does not protect against discrimination based on transgender status. In light of other…

Read More Fifth Circuit: Title VII Does Not Protect Against Transgender Discrimination
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In Davis v. Town of Hempstead, 2019 WL 235644, at *5 (E.D.N.Y. Jan. 16, 2019), a sexual harassment case, the court (inter alia) concluded that the plaintiff was not an “employee” of the Town Clerk (defendant Bonilla) – whom she claimed sexually harassed her – and thus dismissed her claim under Title VII of the…

Read More Title VII Sexual Harassment Claim Dismissed; Town Clerk’s Assistant Was Not an “Employee”
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From Bussa v. St. John’s University, 2019 WL 136641, at *3–4 (E.D.N.Y., 2019): Plaintiff has failed to allege sufficient facts to demonstrate that the defendant discriminated against him in violation of Title VII or the ADA. As a general matter, the complaint suggests that the plaintiff did not actually apply for a specific position, although he…

Read More Aspiring Graduate Student’s Title VII, ADA Discrimination Claims Dismissed
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