Title VII of the Civil Rights Act of 1964

In Hunt v. Con Edison Co. N.Y.C., 16-CV-0677, 2017 WL 6759409 (E.D.N.Y., 2017), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s failure-to-promote race discrimination claim under Title VII of the Civil Rights Act of 1964.[1]The court also, inter alia, dismissed plaintiff’s retaliation claims. The court summarized the basic legal framework: To establish a…

Read More Failure-to-Promote Race Discrimination Claim Survives Dismissal
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In Lation v. Fetner Properties, Inc., 2017 WL 6550691 (S.D.N.Y., 2017), the court addressed claims by a Manhattan building concierge (plaintiff Lation) arising from harassment by a resident of, and an owner of one unit in, the condominium where plaintiff worked (defendant Thomas Chiu). The court compelled arbitration against Defendants 1212 Fifth Avenue Condominium and Fetner…

Read More Concierge Sufficiently Alleges Intentional Infliction of Emotional Distress, But Not Employment Discrimination, Claims Against Building Resident
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In Fallon v. Mercy Catholic Medical Center of Southeastern Pennsylvanie, No. 16-3573 (3d Cir. Dec. 14, 2017), the U.S. Court of Appeals for the Third Circuit upheld a lower court’s dismissal of plaintiff’s claim for religious discrimination under Title VII of the Civil Rights Act of 1964. Specifically, plaintiff hospital worker was terminated after he…

Read More Anti-Vaccine Stance Not “Religious”; Title VII Discrimination Claim Properly Dismissed
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In Young v. Town of Islip et al, 2017 WL 5468752 (E.D.N.Y. Nov. 13, 2017), the court explained the difference between an “adverse employment action” in the discrimination context, vs. an “adverse employment action” in the retaliation context. The court held that the jury instructions on plaintiff’s retaliation claims – but not her race discrimination…

Read More New Trial on Retaliation Claims Granted Due to Erroneous Jury Charge; Alleged Incidents Should Have Been Considered in the Aggregate
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In Croci v. Town of Haverstraw et al, 2017 WL 6311697 (S.D.N.Y. Dec. 8, 2017), the court dismissed plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. The court held that plaintiff failed to make out a prima facie case of retaliation – and, in particular, that the requisite “temporal proximity”…

Read More Title VII Retaliation Claim Dismissed; Temporal Proximity Between “Protected Activity” and “Adverse Employment Action” Lacking
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In MARLINE SALVAT, Plaintiff, v. CONSTRUCTION RESOURCES CORP., EMPIRE OUTLET BUILDERS, LLC, L.P. CIMINELLI, INC., and ANTHONY SANGO, Defendants., 2017 WL 6210849, at *1 (S.D.N.Y., 2017), a sexual harassment case, the court denied the defendant’s motion to dismiss, and held that plaintiff pleaded enough to sufficiently allege that that entity was her “joint employer”, and…

Read More Sexual Harassment Plaintiff Sufficiently Alleges Joint Employment and Failure to Respond to Plaintiff’s Complaints
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In a recently-filed lawsuit, captioned Athar v. The Museum of Jewish Heritage et al (SDNY 17-cv-9491 Dec. 7, 2017), the plaintiff – a Pakistani-American Muslim – alleges that the defendants (including the Museum of Jewish Heritage) discriminated against him based upon his race, religion, and national origin, and retaliated against him, in violation of Title…

Read More Race/Religion/National Origin Discrimination Lawsuit Against the Museum of Jewish Heritage
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In Dunn v. URS Corp., 2017 WL 5952704 (2d Cir. Dec. 1, 2017) (Summary Order), the Second Circuit affirmed the lower court’s order granting summary judgment to defendant on plaintiff’s claims of discriminatory termination, denials of salary increases, and failure to rehire on the basis of race, in violation of Title VII of the Civil Rights…

Read More 2d Circuit Affirms Dismissal of Race Discrimination Claims; Inference of Discrimination Not Shown
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In Nguedi v. The Federal Reserve Bank of New York, 16-cv-0636, 2017 WL 5991757 (S.D.N.Y. Dec. 1, 2017), the SDNY granted in part and denied in part defendant Federal Reserve Bank of New York’s motion to dismiss. As to plaintiff’s claim under the NYC Human Rights Law, the court explained: Plaintiff alleges that Crouch [plaintiff’s…

Read More Race, Color, National Origin Discrimination Claims Survive Against Federal Reserve Bank of New York
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In Estevez v. S & P Sales and Trucking LLC et al, 17-cv-1733, 2017 WL 5635933 (S.D.N.Y. Nov. 22, 2017), the court held that plaintiff sufficiently alleged a race discrimination claim under 42 U.S.C. 1981. In sum, plaintiff – a male of Hispanic race and Dominican national origin – was terminated by defendants, allegedly on…

Read More Race & National Origin Discrimination Claims Sufficiently Pled; Complaint Sufficiently Alleged That Defendants Treated a Similarly Situated Employee in Different Racial Group More Favorably Than Plaintiff
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