Exhaustion of Administrative Remedies

In Black v. Anheuser-Busch in Bev, No. 14 CIV. 2693 (RWS), 2016 WL 3866583 (S.D.N.Y. July 13, 2016), the court dismissed plaintiff’s sexual harassment, discrimination, retaliation, and hostile work environment claims. Plaintiff filed a complaint with the NYC Commission on Human Rights (NYCCHR), which set forth claims for gender discrimination and sexual harassment. The NYCCHR issued…

Read More Court Dismisses Sexual Harassment, Discrimination, Hostile Work Environment, and Retaliation Claims; Discusses Election of Remedies, Statute of Limitations, and Exhaustion of Remedies Principles
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In Fisher v. Mermaid Manor Home for Adults, LLC, No. 14-CV-3461 (WFK)(JO), 2016 WL 3636021 (E.D.N.Y. June 29, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s race/national origin-based hostile work environment claim. Plaintiff sued after being apprised by co-workers of an Instagram post which “consisted of two photographs of Plaintiff contrasted with a…

Read More Instagram “Planet of the Apes” Comparison Results in Denial of Summary Judgment in Race/National Origin Discrimination (Hostile Work Environment) Case
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In Gomez v. New York City Police Dep’t, No. 15-CV-4036 (AJN), 2016 WL 3212108 (S.D.N.Y. June 7, 2016), the court dismissed plaintiff’s claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the NYS and NYC Human Rights Laws. Election of Remedies Initially, the court held that plaintiff’s decision…

Read More Sexual Harassment (and Other) Claims Dismissed; Court Discusses and Applies Principles of Administrative Exhaustion, Election of Remedies, and Statute of Limitations
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In Ahmed v. Astoria Bank, No. 14-CV-4595, 2016 WL 1254638 (E.D.N.Y. Mar. 31, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s claims of discrimination and hostile work environment (race, religion, national origin) and retaliation. This decision is instructive on what is required to survive summary judgment on a Title VII hostile work…

Read More Alleged “Terrorist” (Etc.) Comments Were Insufficient to Survive Summary Judgment on Hostile Work Environment Claim; Retaliation Claim Dismissed For Failure to Exhaust Administrative (EEOC) Remedies
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In Kane v. 247 Real Media, 14-cv-2482, 2015 WL 1623832 (SDNY April 7, 2015), the court explained and applied the “administrative exhaustion” requirement of Title VII of the Civil Rights Act of 1964. Plaintiff – a transgender woman – alleged that she was subjected to discrimination based on her race, color, gender, and national origin.…

Read More Failure to File at EEOC Dooms Federal Transgender Discrimination Claims
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In Farren v. Shaw Environmental, No. 12-1008 (2d Cir. Jan. 31, 2013), the Second Circuit affirmed the lower court’s dismissal of plaintiff’s case due to a failure to exhaust administrative remedies in the U.S. Equal Employment Opportunity Commission (“EEOC”) and New York State Division of Human Rights (“DHR”), as required by Title VII of the…

Read More 2nd Circuit Explains Difference Between “Disparate Treatment” and “Hostile Work Environment” Theories As Relevant To Title VII’s Administrative Exhaustion Requirement
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