Title VII of the Civil Rights Act of 1964

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In Mayer v. Time, Inc., 17-cv-5613, 2018 WL 1738322 (S.D.N.Y. April 9, 2018) (J. Cote), the court dismissed plaintiff’s sex and age discrimination case on the ground of forum non conveniens. The court explained the legal principles applicable to the doctrine, including by noting the three factors to be considered: (1) the degree of deference to be…

Read More Sex, Age Discrimination Claims Dismissed Under Forum Non Conveniens Doctrine; U.K. Was More Appropriate Forum
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In Richardson v. Manhattan New York City Transit Authority, 2018 WL 1547593 (2d Cir. March 29, 2018) (Summary Order), the Second Circuit vacated the lower court’s decision dismissing the pro se plaintiff’s Title VII gender discrimination claim, on the ground that plaintiff did not allege facts showing that the alleged harassment was “motivated by” her…

Read More Gender Discrimination Claim Stated; Allegations Included Male Coworker Calling Plaintiff a “Bitch”
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In Annelise Osborne, Plaintiff, v. Moody’s Investors Service, Inc. and Nick Levidy in his official and individual capacities, Defendants, 17-cv-01859, 2018 WL 1441392 (S.D.N.Y. March 22, 2018), the court dismissed plaintiff’s hostile work environment claims under federal and state law, but permitted those claims to proceed under the New York City Human Rights Law. The…

Read More Hostile Work Environment Claim Against Moody’s Survives Under City Law, But Not Federal and State Law
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In Shaw v. McDonald, 17-1122, 2018 WL 1357382 (2d Cir. March 16, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of the plaintiff’s religious discrimination (disparate treatment) claim. The court gives us a refresher on the legal standard for pleading a discrimination under Title VII of the Civil Rights Act of 1964, including…

Read More Religious Discrimination Claim Dismissed; Remarks Held Not Probative
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In Khaleel v. Heightened Security SVC Inc., 15-cv-1387, 2018 WL 1353266 (SDNY March 15, 2018), the court granted summary for defendant on plaintiff’s various claims, including for hostile work environment/sexual harassment, religious discrimination (failure to accommodate), and retaliation. In this blog post, I’ll discuss the court’s evaluation of plaintiff’s religious discrimination/failure to accommodate claim. The law,…

Read More Court Explains Dismissal of Religious Discrimination / Failure to Accommodate Claim
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From D’Antonio v. Little Flower Children & Family Services of New York et al, 17-cv-1221, 2018 WL 1385897 (E.D.N.Y. March 19, 2018): This Court is persuaded by Judge Lynch’s reasoning in Collette, and based on the facts presented in this case, holds that Plaintiff’s hostile work environment and retaliation claims under Title VII and Section…

Read More NY Whistleblower Law’s Election-of-Remedies Provision Does Not Preclude Hostile Work Environment and Retaliation Claims, Court Holds
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In Jones v. Target Corporation, 15-CV-4672, 2018 WL 1377301 (EDNY March 16, 2018), the court, inter alia, dismissed plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. In sum, defendant terminated plaintiff for violating its drug-free workplace policy after marijuana was found in the employee locker room. According to her, the marijuana was…

Read More Court Dismisses Retaliation Claim Against Target; “Cat’s Paw” Theory Inapplicable
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In Anderson v. AlClear LLC, 18-cv-1525, 2018 WL 1318994 (EDNY March 14, 2018) (J. Cogan), the court dismissed plaintiff’s employment discrimination claims alleged under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. Plaintiff, proceeding pro se, alleged (as summarized by the court) that management in the company was…

Read More Employment Discrimination Claims Insufficiently Alleged Against AlClear LLC
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In Chauca v. Abraham, 2018 WL 1352351 (2d Cir. March 16, 2018), the U.S. Court of Appeals for the Second Circuit held that the district court erred in declining to submit the question of punitive damages to the jury under the New York City Human Rights Law. In a prior opinion,[1]Chauca v. Abraham, 841 F.3d…

Read More 2d Circuit: Lower Court Mistakenly Applied Higher Standard for Punitive Damages Under the NYC Human Rights Law
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In Hill v. Frontier Telephone of Rochester, Inc., 2018 WL 1256220 (W.D.N.Y., 2018) – a race discrimination/hostile work environment case – the court dismissed plaintiff’s case, finding that there was no issue of fact as to whether the alleged harasser’s conduct could be imputed to the employer. The court explained the law: Where, as here,…

Read More Co-Worker’s Harassment Not Imputed to Employer; Employer’s Response Held Sufficient
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