Title VII of the Civil Rights Act of 1964

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In Valerio v. City of New York, 18-cv-11130, 2020 WL 353749 (S.D.N.Y. Jan. 21, 2020), the court, inter alia, held that plaintiff sufficiently alleged claims of employment discrimination – based on his national origin, race, and color – in violation of Title VII of the Civil Rights Act of 1964 and the New York State…

Read More NYPD Corrections Officer’s Title VII Disparate Treatment Claim Survives Dismissal; “Adverse Employment Action” Sufficiently Alleged
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In Vivian Xiang v. Eagle Enterprises, LLC, 19-cv-1752, 2020 WL 248941 (S.D.N.Y. January 16, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy discrimination claim, asserted under Title VII of the Civil Rights Act of 1964. The law, as summarized by the court: A plaintiff must plead sufficient facts to show that…

Read More Pregnancy Discrimination Claim Sufficiently Alleged
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In Nachmany v. FXCM, Inc., 2020 WL 178413, at *6–7 (S.D.N.Y., 2020), the court, inter alia, dismissed plaintiff’s sexual harassment claims. Here, since plaintiff and the alleged harasser are both male, the plaintiff was required to “sufficiently allege claims for same-sex harassment.” In analyzing plaintiff’s claim, the court explained and applied the framework articulated by…

Read More Same-Sex Sexual Harassment Claim Dismissed
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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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