EEOC Practice

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Today the Supreme Court, in an opinion delivered by Justice Ginsburg, Ford Bend County, Texas v. Davis, No. 18-525, held that the EEOC charge-filing requirement, embodied in Title VII of the Civil Rights Act of 1964, is not “jurisdictional” (and thus does not relate to subject matter jurisdiction), but is rather a “claim-processing rul[] that…

Read More SCOTUS Holds That Title VII’s EEOC Charge-Filing Requirement is Not “Jurisdictional”
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From THOMAS GIBB, Plaintiff, v. TAPESTRY, INC. d/b/a Stuart Weitzman, Defendant., 2018 WL 6329403, at *5–6 (S.D.N.Y., 2018): Congress has unequivocally addressed the exclusive conditions under which Title VII complainants may bring a private suit in federal court. As this Court previously held in Henschke, “the language of section 2000e-5(f)(1) explicitly requires that one of two…

Read More Sexual Harassment Case Dismissed in Light of Premature EEOC Right-to-Sue Letter
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In Ray v. New York State Insurance Fund, 16-cv-2895, 2018 WL 3475467 (S.D.N.Y. July 18, 2018), the court, inter alia, dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964 because the plaintiff did not “exhaust administrative remedies.” The court summarized the law: “[E]xhaustion of administrative remedies through the EEOC…

Read More Hostile Work Environment Claim Dismissed Due to Lack of Administrative Exhaustion
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In Khater v. API Industries d/b/a Aluf Plastics, Inc., 2017 WL 6515531 (S.D.N.Y. Dec. 19, 2017), the court dismissed plaintiff’s hostile work environment claim because plaintiff failed to “exhaust administrative remedies” at the U.S. Equal Employment Opportunity Commission with respect to that claim. This decision illustrates the pitfalls present when pursuing federal employment discrimination claims,…

Read More Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC
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From Mikolaenko v. New York University, 2017 WL 4174928 (S.D.N.Y. Sept. 7, 2017) (J. Batts): Defendant also moves to dismiss on the grounds that Plaintiff failed to exhaust her administrative remedies because she first included allegations of a quid pro quo sexual relationship in her Complaint and did not include related allegations in her EEOC…

Read More “Quid Pro Quo” Sexual Harassment Claim Was Sufficiently Presented to the EEOC, Court Holds
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In Batiste v. The City University of New York, No. 16-CV-3358 (VEC), 2017 WL 2912525 (S.D.N.Y. July 7, 2017) (J. Caproni), the court dismissed plaintiff’s discrimination, hostile work environment, and retaliation claims. Among other things, it held that plaintiff failed to exhaust her administrative remedies in the U.S. Equal Employment Opportunity Commission (EEOC). “To present a…

Read More Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC
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In McLane Co. v. E.E.O.C., No. 15-1248, 2017 WL 1199454 (U.S. Apr. 3, 2017), as revised (Apr. 3, 2017), the U.S. Supreme Court held that a district court’s decision to enforce or quash an EEOC subpoena should be reviewed for abuse of discretion, and not (as the Ninth Circuit held) de novo. The facts of the…

Read More SCOTUS Clarifies Standard For District Court Evaluation of EEOC Subpoenas in Employment Discrimination Cases
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In Green v. Jacob & Co. Watches, Inc., No. 15 CIV. 3611 (PAC), 2017 WL 1208596 (S.D.N.Y. Mar. 31, 2017), the court held, inter alia, that plaintiff – an African American man who held the title of Director of Security for Jacob & Co. – plausibly alleged discrimination, hostile work environment, and retaliation claims under federal,…

Read More Citing “Monkey” Comment, SDNY Rules in Favor of Plaintiff in Race Discrimination & Hostile Work Environment Case Against Jacob & Co. Watches
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The Southern District of New York’s recent decision in McCray v. Project Renewal, Inc., 15-cv-8494, 2017 WL 715010 (S.D.N.Y. Feb. 22, 2017) (Judge Caproni) serves as another reminder of the procedural hurdles that must be overcome in order to assert an employment discrimination claim in federal court. Plaintiff, proceeding pro se, sued his former employer, Defendant Project Renewal,…

Read More Court Dismisses ADA Disability Discrimination Claim as Unexhausted, Title VII Race Discrimination Claim as Insufficiently Pled
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In Bell v. McRoberts Protective Agency, Inc., No. 15-CV-0963 (JPO), 2016 WL 7192083 (S.D.N.Y. Dec. 12, 2016), the court dismissed plaintiff’s federal, state, and city claims of religious, race, and sex discrimination under Federal Rule of Civil Procedure 12(b)(6). (This decision, which follows a prior dismissal of plaintiff’s claims, focuses on plaintiff’s amended complaint.) Initially,…

Read More Religious, Race, Sex Discrimination Claims Dismissed on Non-Exhaustion and Substantive Grounds
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