Title VII of the Civil Rights Act of 1964

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In Wheeler v. The Bank of New York Mellon, 2018 WL 3730862 (N.D.N.Y. August 6, 2018), the court held, inter alia, that plaintiff – a Mexican woman – plausibly asserted a failure-to-promote employment discrimination claim. In reaching this conclusion, the court pointed to plaintiff allegation that the less-qualified American woman was given the position instead.…

Read More Failure-to-Promote Claim Survives Dismissal Against BNY Mellon
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In Keaton v. Unique People Services, Inc., 15-cv-5354, 2018 WL 3708658 (S.D.N.Y., 2018), the court granted defendants’ (unopposed) motion for summary judgment motion and dismissed plaintiff’s employment discrimination claim under Title VII of the Civil Rights Act of 1964, finding that the persons to whom plaintiff sought to compare herself were not “similarly situated” to…

Read More Title VII Discrimination Claim Dismissed; Comparators Were Not “Similarly Situated” to Plaintiff
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In McLeod v. General Vision Services, Inc. et al, 13-cv-6824, 2018 WL 3745662 (S.D.N.Y. Aug. 6, 2018), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964 and 42 USC 1981, but denied it with respect to plaintiff’s race discrimination claim…

Read More Race Discrimination (Termination) Claim Survives Under City, But Not Federal, Law
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In McLeod v. General Vision Services, Inc. et al, 13-cv-6824, 2018 WL 3745662 (S.D.N.Y. Aug. 6, 2018), the court, inter alia, denied defendants’ motion on plaintiff’s race- and age-based hostile work environment claims. The court noted – in the portion of the decision where it assessed plaintiff’s race discrimination claims[1]The court dismissed plaintiff’s race discrimination claims…

Read More Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racial Epithets
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In Mohan v. City of New York et al, 17-cv-3820, 2018 WL 3711821 (SDNY Aug. 3, 2018), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. The court began by reciting the well-established “black letter” law applicable to hostile work environment claims: A hostile work environment claim is composed of a series of separate acts…

Read More Hostile Work Environment Claim Dismissed; Secondhand Knowledge of “Black Guy” Comment Insufficient
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In Refermat v. Lancaster Central School District, 14-CV-0712, 2018 WL 3640220 (W.D.N.Y. Aug. 1, 2018), the court adopted a Magistrate Judge’s Report and Recommendation to grant defendant’s summary judgment motion as to plaintiff’s constructive discharge claim, but to deny it as to plaintiff’s hostile work environment and retaliation claims. In this blog post I will…

Read More Dispute as to Discriminatory Intent Supports Denial of Summary Judgment as to Plaintiff’s Hostile Work Environment Claim
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The fact pattern underlying the court’s decision in Maidana v. Boston Culinary Group, Inc., 16-cv-2342, 2018 WL 3614111 (E.D.N.Y. July 27, 2018), are (to say the least) disturbing: Plaintiff worked as a bartender for Defendant’s Fig’s Café located in LaGuardia Airport, Terminal B (hereinafter “Fig’s Café” or “Defendant”). (See Compl. ¶ 8–10.) An incident occurred…

Read More Court Dismisses LAG Bartender’s Discrimination Claim Following Alleged Customer Harassment
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From LISETTE PAULSON, Plaintiff, v. TIDAL, ROC NATION, DESIREE PEREZ, JOSEPH BORRINO, and DOES 1-10, Inclusive, Defendants., 16-cv-9049, 2018 WL 3432166 (S.D.N.Y. July 18, 2018): Paulson alleges that Tidal discriminated against her in violation of Title VII. (Am. Compl. ¶ 29.) A plaintiff bringing a Title VII employment discrimination lawsuit must allege that (i) she is…

Read More Title VII Pregnancy Discrimination Claim Sufficiently Stated Against Tidal et al
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In Saber v. New York State Department of Financial Services, 15-cv-5944, 2018 WL 3491695 (S.D.N.Y. July 20, 2018), the court, inter alia, upheld a jury verdict that defendant discriminated against plaintiff – by not promoting him – because of his national origin (Iranian). Among the evidence of discrimination was a comment that plaintiff was “hiding yellow…

Read More Court Upholds Jury’s Finding for Plaintiff on National Origin Discrimination Claim
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In Fields v. New York City Health and Hospital Corporation, 17-cv-6042, 2018 WL 3518506 (E.D.N.Y. July 20, 2018), the U.S. District Court for the Eastern District of New York, inter alia, dismissed plaintiff’s claims of race and national origin discrimination under Title VII of the Civil Rights Act of 1964 and the New York City Human…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Dismissed Against NYC Health & Hospital Corporation
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