Title VII of the Civil Rights Act of 1964

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From Johnson v. Schmid et al, 2018 WL 4261672 (2d Cir. Sept. 7, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim. From the Order: First, a plaintiff may establish an inference of discrimination by establishing “that a similarly situated employee not in the relevant protected group received better…

Read More Race Discrimination Claim Properly Dismissed; Court Cites Insufficient Comparator Evidence
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Employment discrimination claims are frequently analyzed pursuant to the well-known McDonnell Douglas[1]McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). burden shifting framework. Under that framework, the plaintiff must first establish a prima facie case of discrimination by showing, by a preponderance of the evidence, that: (1) he is a member of a protected class; (2) he is…

Read More Office Relocation as an “Adverse Employment Action”
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In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “hostile work…

Read More Hostile Work Environment Claim Stated Against Smithtown Volkswagen
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In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Stated Against Smithtown Volkswagen
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In Karimian v. Time Equities, Inc., 2018 NY Slip Op 05583 (App. Div. 2nd Dept. Aug. 1, 2018), the court, inter alia, affirmed the dismissal of plaintiff’s claims of employment discrimination, hostile work environment, and retaliation. The court explained that while “a cause of action asserted pursuant to NYCHRL must be analyzed independently from similar or identical…

Read More NYC Human Rights Law Claims Barred by Collateral Estoppel [Karimian v. Time Equities]
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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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