Title VII of the Civil Rights Act of 1964

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The New York City Human Rights Law was recently amended, yet again, to enhance the protections available to NYC workers. Effective January 11, 2020, the statute – one of the (if not the) broadest civil rights laws in the country – protects freelancers and independent contractors in addition to, e.g., “employees” and interns. The new…

Read More NYC Human Rights Law Expanded to Protect Freelancers and Independent Contractors
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In Bermudez v. Bon Secours Charity Health System and Theresa Krell, 2020 WL 104992 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual harassment (hostile work environment) claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In this…

Read More Sexual Harassment Allegations May Proceed, For Now, Under the Continuing Violations Doctrine
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In Holmes v. YMCA of Yonkers, Inc., 19 CV 620 (VB), 2020 WL 85389 (SDNY Jan. 7, 2020), the court held, inter alia, that plaintiff sufficiently alleged employment discrimination based on gender (under Title VII of the Civil Rights Act of 1964) and age (under the Age Discrimination in Employment Act). The court summarized the…

Read More Title VII and ADEA Discrimination Claims Sufficiently Alleged; Complaint, While “Sparse”, Held Sufficient
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In Fleurentin v. New York City Health & Hospitals Corp. et al,  18-cv-05004, 2020 WL 42841 (E.D.N.Y. Jan. 3, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. In this case, in sum, plaintiff – a Haitian man – alleged that “over the course of a decade the defendants repeatedly discriminated against him…

Read More Hostile Work Environment Claim Dismissed; Santa Claus Role Denial (etc.) Insufficient
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In Adeniji v. U.S. Department of Commerce/Census Bureau-NY Regional Office/Hannah Zimmerman, 2019 WL 7067057 (S.D.N.Y. Dec. 23, 2019), the court dismissed plaintiff’s race discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. As to plaintiff’s discrimination claim, the court explained: To state an employment discrimination claim under Title VII,…

Read More Title VII Discrimination Claim Insufficiently Alleged, Court Holds
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In Scalercio-Isenberg v. Morgan Stanley Services Group Inc., 2019 WL 6916099 (S.D.N.Y. Dec. 19, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire gender discrimination under Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff] has failed to make out a prima facie case that she suffered age or gender discrimination when…

Read More Failure-to-Hire Gender Discrimination Claim Dismissed Against Morgan Stanley
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In Garcia v. NYC Health & Hospitals Corporation, 19 Civ. 997, 2019 WL 6878729 (S.D.N.Y. Dec. 17, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff’s complaint] describes an incident where Garcia was publicly questioned about his disability…

Read More Hostile Work Environment Claim Dismissed; Alleged Acts, While “Inappropriate”, Were Too Isolated to Be Actionable
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In Sripirom v. Rivers Casino and Resort, 2019 WL 6711387 (NDNY Dec. 10, 2019), the court adopted a Report and Recommendation dismissing plaintiff’s employment discrimination claim. The court recited the well-known rule that “[g]enerally, to satisfactorily plead a claim of employment discrimination under Title VII [of the Civil Rights Act of 1964], absent direct evidence…

Read More #%@&! Termination for Swearing Insufficient to State Discrimination Claim
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In Wilson v. Lenox Hill Hospital/Northwell Health, 2019 WL 6726304 (E.D.N.Y. Dec. 11, 2019), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. The court summarized the law as follows (internal quotation marks and citations omitted; paragraphing altered):…

Read More Retaliation Claims Dismissed; Anonymous Complaint Insufficient
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In Lenzi v. Systemax, Inc., No. 18-979, 2019 WL 6646630 (2d Cir. Dec. 6, 2019), the court, inter alia, reinstated plaintiff’s claims – dismissed below by summary judgment – of pay discrimination, pregnancy discrimination, and retaliation claims under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that defendants paid her…

Read More 2d Circuit Revives Title VII Pay Discrimination Claim
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