Title VII of the Civil Rights Act of 1964

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In McLeod v. Post Graduate Ctr. for Mental Health, No. 14-cv-10041, 2016 WL 6126014 (S.D.N.Y. Sept. 30, 2016), SDNY Magistrate Judge Francis issued a Report & Recommendation that the court grant defendants’ motion to enforce a post-mediation Memorandum of Understanding (MOU) settling plaintiff’s employment discrimination case pursuant to Title VII of the Civil Rights Act…

Read More “Buyer’s Remorse” Notwithstanding, Federal Court Enforces Post-Mediation Memorandum of Understanding Settling Title VII Employment Discrimination Case
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In Palmer v. Shchegol, No. 14-cv-4406, 2016 WL 5678544 (E.D.N.Y. Sept. 30, 2016), the court dismissed some, but not all, of plaintiff’s employment discrimination claims. Plaintiff – described in the decision as “a fifty-year-old United Kingdom native who describes herself as a dark-skinned black woman” – asserted claims of disparate treatment, discriminatory pay, and wrongful…

Read More Discriminatory Pay & Wrongful Termination Claims Sufficiently Pleaded
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NYPD Officer Ann Cardenas, indicated, in an October 20, 2016 filing, that she has settled her sexual harassment lawsuit against defendants the City of New York, Sergeant David John, and Police Officer Angel Colon. The Daily News reports that the settlement amount is $535,000, allocated as $500,000 from the City, $20,000 from John, and $15,000…

Read More Settlement of Female NYPD Officer Ann Cardenas’ Sexual Harassment Lawsuit
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In Legrá v. Bd. of Educ. of the City Sch. Dist. of the City of N.Y., No. 14-CV-9245 (JGK), 2016 WL 6102369 (S.D.N.Y. Oct. 19, 2016), the court dismissed plaintiff’s employment discrimination complaint – alleging employment discrimination, retaliation, and harassment – on statute of limitations and other grounds. Here’s the law: An action alleging an employer’s…

Read More Days-Late Employment Discrimination Lawsuit Dismissed
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In Al-Kaysey v. Engility Corp., No. 11-cv-6318, 2016 WL 5349751 (E.D.N.Y. Sept. 23, 2016), the court held that plaintiff – a U.S. Citizen of Iraqi descent and practicing Muslim who was employed as a linguist – plausibly alleged (in a proposed amended complaint) a claim of hostile work environment against defendants, including the Army. (This…

Read More “Sand Nigger” and Other Comments Support Iraqi Muslim’s Hostile Work Environment Claim Against Army
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In Boston v. Taconic Eastchester Mgmt. LLC, No. 12 CIV. 4077 (ER), 2016 WL 5719751 (S.D.N.Y. Sept. 30, 2016), the court dismissed plaintiff’s discriminatory termination, hostile work environment, and retaliation claims under Title VII. The law, as summarized by the court: Plaintiff’s Title VII claims for race and color discrimination, hostile work environment, and retaliation are…

Read More Theft Was Nondiscriminatory Reason For Termination; Pretext Not Shown
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From Rojas v. Port Auth. of New York & New Jersey, No. 15CV6185NGGPK, 2016 WL 5921777, at *8–9 (E.D.N.Y. Oct. 11, 2016): Having found that Plaintiff has at least one timely allegation of disparate treatment under each statute, the court turns to the sufficiency of the pleadings. The court finds that none of Plaintiff’s timely allegations…

Read More Title VII Race, National Origin Discrimination Claims Insufficiently Alleged
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On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued a document titled “EEOC Enforcement Guidance on Retaliation and Related Issues“. This document, among other things, outlines the elements of a retaliation cause of action under the statutes administered by the EEOC – including Title VII of the Civil Rights Act of 1964, the Age…

Read More EEOC Issues “Enforcement Guidance on Retaliation and Related Issues”
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In Mira v. Kingston, 15-cv-09989, 2016 WL 5867448 (S.D.N.Y. Oct. 3, 2016), the court considered, and denied, plaintiff’s motion to consolidate two employment discrimination actions. The court’s decision turned on the application of Rule 42(a) of the Federal Rules of Civil Procedure, which provides: “If actions before the court involve a common question of law…

Read More Court Denies Motion to Consolidate Two Unrelated Employment Discrimination Cases; “Discriminatory Conspiracy” Not Plausibly Alleged
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In Olsen v. Suffolk County et al, 15-CV-4064, 2016 WL 5395846 (E.D.N.Y. Sept. 27, 2016), the court held, among other things, that plaintiff plausibly alleged hostile work environment sexual harassment. The court summarized plaintiff’s allegations, in part, as follows: On or about May 26, 2014, Plaintiff was eating dinner with coworkers outside the precinct and…

Read More Forced Penis Touch, Among Other Allegations, Sufficient to Plausibly Allege Hostile Work Environment Sexual Harassment
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