Title VII of the Civil Rights Act of 1964

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In Vaigasi v. Solow Management Corporation, et al. , 17-784-cv (2d Cir. Sept. 14, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s claims, including those for gender, religious, and age discrimination. As to his gender discrimination claim, the court states: Vaigasi does not plausibly allege that his gender was a basis for any of…

Read More Second Circuit Affirms Dismissal of Discrimination Claims; “Write Up” Threat Insufficient
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In  Casarella v. New York State Department of Transportation, 2018 WL 4372674 (S.D.N.Y. Sept. 13, 2018), the court, inter alia, held that plaintiff plausibly alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. “To establish a hostile work environment claim, a plaintiff must produce enough evidence to show…

Read More Hostile Work Environment Claim Survives Dismissal; Anti-Italian Slurs Were “Pervasive”
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From Casarella v. New York State Department of Transportation, 2018 WL 4372674 (S.D.N.Y. Sept. 13, 2018): Plaintiff has sufficiently alleged he is part of a protected class and that he was qualified for his position to satisfy the motion to dismiss standard. (Compl. ¶¶ 25–29.) However, whether Plaintiff sufficiently alleged that he was subject to…

Read More Plaintiff Plausibly Alleges Title VII National Origin Discrimination Claim
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In Calise v. New York State Department of Motor Vehicles, 17-cv-791, 2018 WL 4350247 (S.D.N.Y. Sept. 12, 2018), plaintiff, a white woman, asserted claims of race discrimination – based on alleged mistreatment by her boss, who is black – under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, 42 U.S.C.…

Read More Title VII Race Discrimination Claim Survives Against NYS Dept. of Motor Vehicles
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In Cargian v. Breitling USA, Inc., No. 16-3592-cv, 2018 WL 4293325 (2d Cir. Sept. 10, 2018) (Summary Order), the Second Circuit vacated and remanded a prior order granting summary judgment to defendant in plaintiff’s sexual orientation discrimination case asserted under, inter alia, Title VII of the Civil Rights Act of 1964. The basis for this…

Read More 2d Circuit Revives Sexual Orientation Discrimination Case Against Breitling in Light of Zarda Ruling
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In Johnson v. Schmid et al, 17-3196 (2d Cir. Sept. 7, 2018) (Summary Order), an employment (race) discrimination case asserted under Title VII of the Civil Rights Act of 1964, the Second Circuit affirmed the district court’s award of summary judgment to defendants. Plaintiff, a black social worker trainee, proffered three grounds for why his…

Read More Title VII Race Discrimination Dismissal Affirmed; Comparators Were Not “Similarly Situated;” Racial Slur Introduced Too Late
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From Johnson v. Schmid et al, 2018 WL 4261672 (2d Cir. Sept. 7, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim. From the Order: First, a plaintiff may establish an inference of discrimination by establishing “that a similarly situated employee not in the relevant protected group received better…

Read More Race Discrimination Claim Properly Dismissed; Court Cites Insufficient Comparator Evidence
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Employment discrimination claims are frequently analyzed pursuant to the well-known McDonnell Douglas[1]McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). burden shifting framework. Under that framework, the plaintiff must first establish a prima facie case of discrimination by showing, by a preponderance of the evidence, that: (1) he is a member of a protected class; (2) he is…

Read More Office Relocation as an “Adverse Employment Action”
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In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “hostile work…

Read More Hostile Work Environment Claim Stated Against Smithtown Volkswagen
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In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Stated Against Smithtown Volkswagen
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