Title VII of the Civil Rights Act of 1964

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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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In Lation v. Fetner Properties, Inc., 2017 WL 6550691 (S.D.N.Y., 2017), the court addressed claims by a Manhattan building concierge (plaintiff Lation) arising from harassment by a resident of, and an owner of one unit in, the condominium where plaintiff worked (defendant Thomas Chiu). The court compelled arbitration against Defendants 1212 Fifth Avenue Condominium and Fetner…

Read More Concierge Sufficiently Alleges Intentional Infliction of Emotional Distress, But Not Employment Discrimination, Claims Against Building Resident
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In Fallon v. Mercy Catholic Medical Center of Southeastern Pennsylvanie, No. 16-3573 (3d Cir. Dec. 14, 2017), the U.S. Court of Appeals for the Third Circuit upheld a lower court’s dismissal of plaintiff’s claim for religious discrimination under Title VII of the Civil Rights Act of 1964. Specifically, plaintiff hospital worker was terminated after he…

Read More Anti-Vaccine Stance Not “Religious”; Title VII Discrimination Claim Properly Dismissed
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In Young v. Town of Islip et al, 2017 WL 5468752 (E.D.N.Y. Nov. 13, 2017), the court explained the difference between an “adverse employment action” in the discrimination context, vs. an “adverse employment action” in the retaliation context. The court held that the jury instructions on plaintiff’s retaliation claims – but not her race discrimination…

Read More New Trial on Retaliation Claims Granted Due to Erroneous Jury Charge; Alleged Incidents Should Have Been Considered in the Aggregate
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In Croci v. Town of Haverstraw et al, 2017 WL 6311697 (S.D.N.Y. Dec. 8, 2017), the court dismissed plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. The court held that plaintiff failed to make out a prima facie case of retaliation – and, in particular, that the requisite “temporal proximity”…

Read More Title VII Retaliation Claim Dismissed; Temporal Proximity Between “Protected Activity” and “Adverse Employment Action” Lacking
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