Title VII of the Civil Rights Act of 1964

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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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In Montanez v. McDean LLC, No. 16-cv-447, 2018 WL 1183688 (N.D.N.Y. March 6, 2018), the court granted defendant’s motion for summary judgment as to plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964. After explaining the legal standard for making out a hostile work environment claim,…

Read More Sexual Harassment Claim Dismissed; “Quickly Rebuffed” “Suggestive Remarks” Insufficient
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In Penn v. New York Methodist Hospital, 2018 WL 1177293 (2d Cir. March 7, 2018), the Second Circuit affirmed the dismissal of plaintiff’s race and religious discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the Opinion: [T]he district court did not err in applying the ministerial exception doctrine. While a…

Read More Citing the “Ministerial Exception,” 2d Circuit Affirms Dismissal of Title VII Race/Religious Discrimination Claim
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In Isakov v. HASC Ctr., Inc. Druker, No. 17-CV-5775 (BMC), 2018 WL 1114714 (E.D.N.Y. Feb. 27, 2018), the court held that plaintiff plausibly alleged a claim for religion-based employment discrimination under Title VII of the Civil Rights Act of 1964. Plaintiff asserted, inter alia, that he was treated differently/unfairly after he stopped practicing “Orthodox” Judaism,…

Read More Race, Religious Discrimination Claims Stated Against HASC Center; Plaintiff Alleged Mistreatment Due to Switching From “Orthodox” to “Traditional” Judaism
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In Leizerovici v. Hasc Center, Inc., No. 17-CV-5774 (BMC), 2018 WL 1115348 (E.D.N.Y. Feb. 27, 2018), the court held that plaintiff plausibly alleged religious discrimination in violation of Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff] claims that just months before he was terminated, Osipov [one of plaintiff’s supervisors] expressly…

Read More Plaintiff Plausibly Alleges Title VII Religious Discrimination Claim
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In Knight v. State University of New York at Stony Brook, 880 F.3d 636 (2d Cir. Jan. 29,  2018), the Second Circuit held that “a trial court does not commit error by submitting the question of whether the plaintiff was the defendant’s employee to the jury.” In this case, plaintiff (an African-American electrician) sued Defendant…

Read More 2d Circuit: Jury May Decide Whether Plaintiff Was an “Employee” or “Independent Contractor” in Title VII Retaliation Suit
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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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