Title VII of the Civil Rights Act of 1964

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In Irons v. Bedford-Stuyvesant Cmty. Legal Servs., No. 13-CV-4467 MKB, 2015 WL 5692860 (E.D.N.Y. Sept. 28, 2015), the court dismissed a male plaintiff’s claims of sexual harassment/hostile work environment, gender discrimination, and retaliation. Here I’ll discuss one aspect of the case – namely, the court’s decision to grant defendants summary judgment on plaintiff’s claims of…

Read More Court Dismisses Male Employee’s Sex Discrimination Claims
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In Sosa v. Local Staff LLC (14-3704-cv), a Summary Order issued by the Second Circuit on Oct. 9, 2015, the court discussed what constitutes “protected activity” for purposes of asserting a retaliation claim under Title VII of the Civil Rights Act of 1964 and the NYC Human Rights Law (NYCHRL). In this employment discrimination case,…

Read More Complaint About “You’re So Street” Comment Was Not “Protected Activity”; Retaliation Claim Properly Dismissed
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A recent Southern District decision, Villar v. City of New York, No. 09-CV-7400 DAB, 2015 WL 5707125 (S.D.N.Y. Sept. 29, 2015), illustrates how a plaintiff can overcome summary judgment on a gender discrimination claim by demonstrating that a defendant’s proffered legitimate, nondiscriminatory reason for the discriminatory act is a “pretext” for discrimination. Plaitniff, a Hispanic…

Read More Wrongful Termination Gender Discrimination Claim Against NYPD Survives Summary Judgment
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In McCall v. Genpak, LLC, No. 13-CV-1947 KMK, 2015 WL 5730352 (S.D.N.Y. Sept. 30, 2015), the court denied defendants’ summary judgment motion on plaintiff’s race discrimination and hostile work environment claims. Race Discrimination Based on “Adverse Action” Plaintiff alleged that he was subjected to two adverse employment actions – demotion and termination – because of…

Read More Plaintiff Survives Summary Judgment on Race Discrimination, Hostile Work Environment, and Retaliation Claims
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In Graciani v. Patients Med., P.C., No. 13-CV-2751 NGG RLM, 2015 WL 5139199 (E.D.N.Y. Sept. 1, 2015), the court held that plaintiff presented sufficient evidence to overcome summary judgment on her pregnancy discrimination, hostile work environment, and retaliation claims. Pregnancy Discrimination In determining that plaintiff established a prima facie case of pregnancy discrimination, the court…

Read More Pregnancy Discrimination, Hostile Work Environment, Retaliation Claims Survive Summary Judgment
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In Ramsaran v. Booz & Co. (N.A.) Inc., No. 1:14-CV-708-GHW, 2015 WL 5008744 (S.D.N.Y. Aug. 24, 2015), the Southern District of New York granted defendant’s motion for summary judgment on plaintiff’s pregnancy discrimination claim. In sum: After a series of documented negative reviews regarding her job performance, Ms. Ramsaran was fired. At the time that…

Read More Pregnancy Discrimination Case Dismissed
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In a lawsuit filed today in the Southern District of New York – captioned EEOC v. Hillcrest Marshall, Inc. d/b/a Dunkin’ Donuts, 15-07293 – plaintiff Equal Employment Opportunity Commission (EEOC) alleges that defendant (doing business as Dunkin’ Donuts) subjected female employees to sexual harassment, created a hostile work environment, and retaliated against an employee for opposing…

Read More Sexual Harassment/Hostile Work Environment Lawsuit Against Dunkin Donuts
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In Fox v. New York City Dep’t of Educ., No. 13-CV-3204 VEC, 2015 WL 4991878 (S.D.N.Y. Aug. 20, 2015), the court dismissed claims asserted by plaintiff – a former guidance counselor at P.S. 150 – of religious discrimination, race discrimination, age discrimination, hostile work environment, and sexual harassment. As to plaintiff’s religious discrimination claim, the court…

Read More Guidance Counselor’s Discrimination, Sexual Harassment Claims Dismissed
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In Vega v. Hempstead Union Free Sch. Dist., No. 14-2265-CV, 2015 WL 5127519 (2d Cir. Sept. 2, 2015), the Second Circuit held that plaintiff, a state employee, stated a claim for discrimination (based on his Hispanic ethnicity) and retaliation, and thus vacated the lower court’s order granting defendant’s motion for judgment on the pleadings under…

Read More Second Circuit Holds That Teacher Stated Discrimination and Retaliation Claims
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In Ming v. A.E.G. Mgmt., No. 15-CV-643 JG, 2015 WL 5038222 (E.D.N.Y. Aug. 26, 2015), the court dismissed plaintiff’s race discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. Initially, the court held that “Ming’s complaint fails to state a claim under Title VII for discrimination on the basis of…

Read More Race Discrimination and Retaliation Claims Dismissed With Leave to Replead
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