Title VII of the Civil Rights Act of 1964

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The law is well-settled that in order to file a claim for employment discrimination under Title VII of the Civil Rights Act of 1964 in federal court, a plaintiff “must first pursue available administrative remedies and file a timely complaint with the [U.S. Equal Employment Opportunity Commission].” See 42 U.S.C. § 2000e–5(e) and (f). This…

Read More 2d Circuit: Defendant Has Burden on “Administrative Exhaustion” For Title VII Employment Discrimination Claims
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In Giove v. City of New York, 15-cv-2998, 2018 WL 736008 (E.D.N.Y. Feb. 5, 2018), the court addressed whether sexual orientation discrimination and retaliation claims brought by a teacher were barred by collateral estoppel due to a prior finding at a hearing pursuant to NY Education Law § 3020-a. Under the facts of this case, the…

Read More Sexual Orientation Discrimination & Retaliation Claims Not Barred By Adverse 3020-a Hearing Determination
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In Pertillar v. AAA Western and Central New York, 16-238, 2018 WL 583115 (N.D.N.Y. Jan. 26, 2018), the court dismissed plaintiff’s race discrimination and hostile work environment claims, but held that plaintiff sufficiently alleged retaliation. The court summarized the requirements for pleading retaliation: A plaintiff claiming retaliation under Title VII [of the Civil Rights Act…

Read More Retaliation Claim Sufficiently Alleged, Based on “Very Close” Temporal Proximity Between Protected Activity & Adverse Action
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From French v. County of Erie, 2018 WL 647470, at *1 (W.D.N.Y., 2018): It is undisputed that the defendants met their burden of production of legitimate, non-retaliatory reasons for plaintiff French’s termination under the McDonnell Douglas burden-shifting framework. See Bucalo v. Shelter Island Union Free Sch. Dist., 691 F.3d 119, 130 n.6 (2d Cir. 2012) (citing…

Read More Retaliation Claim Survives Summary Judgment
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In Artis v. District of Columbia, 2018 WL 491524 (U.S. Sup. Ct. Jan. 22, 2018), the U.S. Supreme Court interpreted a federal statute, 28 U.S.C. § 1367(d), which provides the timeframe for when state claims must be re-filed in state court after their dismissal from a federal action. In many cases, particularly employment discrimination cases,…

Read More SCOTUS Interprets Statute Relating to Timeframe For Refiling State Law Claims (Including For Employment Discrimination) When Federal Court Dismisses Them
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In Picarella v. HSBC Securities (USA) Inc., 2018 WL 627517 (2d Cir. Jan. 31, 2018) (Summary Order) – an employment discrimination case – the Second Circuit declined to upset a jury verdict and resulting judgment in favor of defendant HSBC. Plaintiff asserted claims of retaliation under Title VII of the Civil Rights Act of 1964…

Read More 2d Circuit Declines to Award New Trial in Employment Discrimination Case; Defense Counsel’s Opening Statement Was Not Improper
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In Figueroa v. KK Sub II et al, 15-cv-6526, 2018 WL 573571 (W.D.N.Y. Jan. 26, 2018), the court (inter alia) denied defendant’s motion for summary judgment as to plaintiff’s retaliatory termination claims under Title VII and the New York State Human Rights Law. In sum,[1]As always, this is a brief summary of the facts of…

Read More Retaliatory Termination Case Survives Summary Judgment; Evidence Included instruction to “Keep An Eye On” Plaintiff
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From DeBello v. VolumeCocomo Apparel, Inc., 2017 WL 6616704, at *3 (C.A.2 (N.Y.), 2017): We conclude … that in the circumstances here, DeBello’s public policy argument does not overcome the presumption that “a valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases.” Atl. Marine, 134 S.Ct. at 581 (alteration in…

Read More 2d Circuit: Employment Agreement’s Venue Selection Clause Trumps Title VII’s Venue Provision
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In Singa v. Corizon Health, Inc., 2018 WL 324884 (E.D.N.Y. Jan. 8, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment and discrimination (based on national origin) and retaliation claims under Title VII of the Civil Rights Law of 1964 and the New York State Human Rights Law. Among other claims, plaintiff asserted, inter…

Read More Hostile Work Environment Claims Dismissed; Rudeness Insufficient
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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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