Title VII of the Civil Rights Act of 1964

by

In Green v. Jacob & Co. Watches, Inc., No. 15 CIV. 3611 (PAC), 2017 WL 1208596 (S.D.N.Y. Mar. 31, 2017), the court held, inter alia, that plaintiff – an African American man who held the title of Director of Security for Jacob & Co. – plausibly alleged discrimination, hostile work environment, and retaliation claims under federal,…

Read More Citing “Monkey” Comment, SDNY Rules in Favor of Plaintiff in Race Discrimination & Hostile Work Environment Case Against Jacob & Co. Watches
Share This:
by

The U.S. Court of Appeals for the Seventh Circuit recently held, in Hively v. Ivy Tech Community College of Indiana (No. 15-1720) (April 4, 2017), that discrimination because of sexual orientation is discrimination based on “sex” in violation of Title VII. From the opinion: Title VII of the Civil Rights Act of 1964 makes it…

Read More 7th Circuit: Sexual Orientation Discrimination is “Sex” Discrimination Under Title VII
Share This:
by

In a recent Manhattan federal court lawsuit, Ahmed v. American Museum of Natural History (SDNY 17-2095 filed March 23, 2017), the (male) plaintiff asserts that he was subjected to retaliation for opposing sexual harassment of a female colleague by his boss, in violation of Title VII of the Civil Rights Act of 1964 and the…

Read More Sexual Harassment Lawsuit Against the American Museum of Natural History
Share This:
by

In Christensen v. Omnicom Group Inc., No. 16-748, 2017 WL 1130183 (2d Cir. Mar. 27, 2017), the Second Circuit overturned a lower court decision that dismissed (under Federal Rule of Civil Procedure 12(b)(6)) the discrimination claim by plaintiff, an openly gay man, under Title VII of the Civil Rights Act of 1964. In sum, the Second…

Read More Second Circuit Permits Gay Man’s Title VII Discrimination Case to Proceed on Gender Stereotyping Theory
Share This:
by

In Meyer v. New York State Office of Mental Health (2d Cir. 16-1163-cv March 10, 2017) (summary order), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s gender and religious discrimination claims. As to plaintiff’s gender discrimination claim, the court explained: Even assuming arguendo that Meyer made a prima facie case of gender discrimination,…

Read More 2d Circuit Affirms Dismissal of Doctor’s Gender- and Religious-Based Discrimination Claims
Share This:
by

In Carris v. First Student, Inc., 15-3350 (2d Cir. March 8, 2017) (summary order), the Second Circuit vacated the dismissal of plaintiff’s Title VII race discrimination claim. The law: To survive a motion to dismiss, a Title VII plaintiff does not have to plead a full prima facie case pursuant to the first stage of…

Read More 2d Circuit Vacates Title VII Race Discrimination Claim Dismissal
Share This:
by

In Rasmy v. Marriott Int’l, Inc., No. 16-CV-04865 (AJN), 2017 WL 773604 (S.D.N.Y. Feb. 24, 2017), the court discussed and applied the doctrines of election of remedies, administrative exhaustion, and mandatory arbitration in the context of defendant’s motion to dismiss the hostile work environment (religion, national origin) and retaliation claims asserted by plaintiff. Plaintiff, an Egyptian…

Read More State/City Human Rights Law Religion and National Origin Hostile Work Environment Claims Dismissed Against Marriott; Retaliation and Title VII Hostile Work Environment Claims Continue
Share This:
by

In Dash v. The Board of Education of the City School District of New York, No. 15-CV-2013, 2017 WL 838226 (E.D.N.Y. Mar. 3, 2017), the court held that the plaintiff – a male, African American assistant principal – presented enough facts to overcome defendant’s motion for summary judgment (in part), and permitted his hostile work environment…

Read More Male Teacher/Assistant Principal’s Hostile Work Environment Claim Survives Summary Judgment
Share This:
by

The Southern District of New York’s recent decision in McCray v. Project Renewal, Inc., 15-cv-8494, 2017 WL 715010 (S.D.N.Y. Feb. 22, 2017) (Judge Caproni) serves as another reminder of the procedural hurdles that must be overcome in order to assert an employment discrimination claim in federal court. Plaintiff, proceeding pro se, sued his former employer, Defendant Project Renewal,…

Read More Court Dismisses ADA Disability Discrimination Claim as Unexhausted, Title VII Race Discrimination Claim as Insufficiently Pled
Share This:
by

It is an unfortunate reality that many employment discrimination cases are dismissed. These cases are often difficult to prove, and success requires navigating a path riddled with hurdles, ranging from statutes of limitation, to proper pleading, to dismissal on summary judgment following the completion of discovery. A recent example is Edwards v. N.Y. State Office of…

Read More Court Dismisses Born Again Christian’s Employment Discrimination, Hostile Work Environment, and Retaliation Claims
Share This: