Title VII of the Civil Rights Act of 1964

In Canady v. Univ. of Rochester, et al (2d Cir. 17-1952 May 30, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim against Rochester University. Here is the relevant law, as summarized by the court: To state a prima facie case for Title VII retaliation a plaintiff must show: “(1) participation in…

Read More 2d Circuit Affirms Dismissal of Retaliation Claim Against Rochester University
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In Krause v. Kelehan, 17-CV-1045, 2018 WL 2021484 (N.D.N.Y. April 26, 2018), the court – applying the “continuing violation doctrine” – held that plaintiff sufficiently alleged a timely hostile work environment claim against the defendants.[1]The court also held, inter alia, that plaintiff’s discrimination claims survive dismissal. From the decision: Like Plaintiff’s discrimination claim, her hostile…

Read More Hostile Work Environment Claim Survives Dismissal; Court Applies the “Continuing Violations Doctrine”
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In a recent (May 29, 2018) Petition for Writ of Certiorari, filed in Altitude Express, Inc. v. Zarda, the petitioner seeks to overturn the Second Circuit’s en banc decision holding that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination based on “sex” also prohibits discrimination based on “sexual orientation.”

Read More Petition for Writ of Certiorari Asks SCOTUS to Overturn 2d Circuit En Banc Zarda Decision That Title VII Prohibits Discrimination Based on Sexual Orientation
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In Javed v. Medgar Evers College, 17-3461-cv (2d Cir. May 25, 2018) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s order granting defendant’s motion to dismiss plaintiff’s Title VII employment discrimination claims. From the Order: Javed failed to identify any [timely] actions … that indicate even a whiff…

Read More 2d Circuit Affirms Dismissal of Title VII Employment Discrimination Claim; Clarifies That Pretext Need Not Be Alleged to Survive Motion to Dismiss
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In Lowe v. Mount Sinai Health System, Inc., 16-cv-6074, 2018 WL 2089345 (S.D.N.Y. 2018), the court dismissed plaintiff’s claims of race discrimination (termination), hostile work environment, and retaliation. Plaintiff testified at her deposition that, e.g., her supervisor (Lopiano) made racial comments, such as “why don’t you go back to Haiti” and “you can’t even speak…

Read More Citing “Stray Remarks” Doctrine and Plaintiff’s Mistakes, Court Dismisses Discrimination, Hostile Work Environment, and Retaliation Claims
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In Esar v. JP Morgan Chase Bank N.A., 15-cv-382, 2018 WL 2075421 (E.D.N.Y. May 3, 2018), the court (inter alia) dismissed plaintiff’s hostile work environment claims. Plaintiff asserted that she was subjected to an “atmosphere of adverse action”, namely (i) lobby cleaning assignments, (ii) covering for one week at another branch, (iii) unpacking branch supplies,…

Read More Hostile Work Environment Claims Dismissed Against JP Morgan Chase Bank
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In Famighette v. Joseph Rose and Town of Huntington, 17-cv-2553, 2018 WL 2048371 (E.D.N.Y. May 2, 2018), the court, inter alia,[1]The court also denied defendants’ motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. dismissed plaintiff’s gender discrimination claim asserted on a theory of “sex stereotyping.” In sum, plaintiff –…

Read More Sex Stereotyping Gender Discrimination Claim Dismissed [Famighette v. Joseph Rose and Town of Huntington]
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In Duplan v. City of New York, 2018 WL 1996613 (2d Cir. April 30, 2018), the U.S. Court of Appeals held, inter alia, that plaintiff – a gay black Haitian man – sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964. The court initially held that plaintiff, a New York City…

Read More Title VII Retaliation Claim Survives Dismissal [Duplan v. City of New York]
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In HUA LIN, Plaintiff-Appellant, v. NEW YORK STATE DEPARTMENT OF LABOR, Defendant-Appellee., 2018 WL 1940394, at *2 (C.A.2 (N.Y.), 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s Title VII retaliation claim. In resisting dismissal, plaintiff argued, inter alia, that the employer’s explanation for its failure to hire her shifted, justifying a finding of “but…

Read More Retaliation Claim Properly Dismissed, Despite Alleged Inconsistent Explanation [Lin v. NYS Dept. of Labor]
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In Ko v. JP Morgan Chase Bank, N.A., 17-2743, 2018 WL 1830460 (2d Cir. April 17, 2018) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 as untimely.…

Read More Employment Discrimination Complaint Properly Dismissed as Time-Barred; July 4th Holiday Did Not Warrant Equitable Tolling [Ko v. JP Morgan Chase]
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