Title VII of the Civil Rights Act of 1964

In Anderson v. New York City Health and Hospitals Corporation et al, 16-cv-1051, 2020 WL 1528101 (S.D.N.Y. March 31, 2020), the court, inter alia, upheld the dismissal on summary judgment of plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The…

Read More Hostile Work Environment Claim Dismissed Against NYC Health & Hospitals Corporation

In Yarrington v. Candor Central School District et al, 18-cv-1250, 2020 WL 1493920 (N.D.N.Y. March 27, 2020), the court (inter alia) granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the law as follows: In order to state…

Read More Hostile Work Environment Claim Dismissed; Conduct Evidenced “Personality Conflicts”

In a recent case, Martin v. New York State Department of Corrections and Community Supervision, 2020 WL 1514747 (2d Cir. March 30, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s hostile work environment claim asserted under Title VII of Civil Rights Act of 1964. This decision is instructive as to the standard applied…

Read More Hostile Work Environment Dismissal Affirmed; 2d Circuit Discusses & Applies Negligence Standard Under Title VII

In Montgomery v. New York City Transit Authority, 2020 WL 1313184 (2d Cir. March 18, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws.…

Read More 2d Circuit Affirms Dismissal of Plaintiff’s Discrimination Claims Against the NYC Transit Authority; Rejects “Coded Language” Theory

In Kiraka v. M&T Bank, 2020 WL 1285632 (N.D.N.Y. March 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law regarding such claims, the court explained: [Plaintiff] fails to state a plausible claim under Title VII. ……

Read More Hostile Work Environment Claim Dismissed; Allegations, Including Mocking of Accent, Held Insufficient

In Eyuboglu v. Gravity Media, LLC, 2020 WL 1280675 (2d Cir. March 17, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964. The court based its decision, in part, on the so-called “stray marks” doctrine: “While discriminatory remarks may constitute evidence of…

Read More Citing “Stray Remarks” Doctrine, 2d Circuit Affirms Dismissal of Employment Discrimination Claims

A recent decision, Ellis v. New York City Department of Education, 2020 WL 1166056 (S.D.N.Y. March 11, 2020), illustrates that in order to properly plead a hostile work environment claim under Title VII of the Civil Rights Act of 1964, merely invoking the words “abuse” and “hostile” to describe one’s work situation is not enough.…

Read More Hostile Work Environment Claim Insufficiently Alleged Against NYC Department of Education, Court Holds

In Morales v. City of New York, New York Presbyterian Hospital, Columbia University Medical Center et al, 2020 WL 1150136 (S.D.N.Y. March 10, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation that defendants’ motions to dismiss plaintiff’s aiding and abetting discrimination and hostile work environment sexual harassment and retaliation. This case…

Read More Hostile Work Environment Sexual Harassment and Retaliation Claims Survive Dismissal

In Wang v. Air China Limited and LB Oceanfront Corp., 17-CV-6662, 2020 WL 1140458 (E.D.N.Y. March 9, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment claim. From the decision: After assessing the totality of the alleged conduct, the relevant factors, and the Second Circuit’s caution against “setting the…

Read More Sexual Harassment Claim Survives Summary Judgment

In EEOC v. United Health Programs of America, Inc. and Cost Containment Group, Inc., 14-CV-3673, 2020 WL 1083771 (EDNY March 6, 2020), the court, inter alia, upheld a jury verdict in favor of plaintiffs, who alleged that they were subjected to a religious discrimination and a religion-based hostile work environment in violation of Title VII…

Read More Religion-Based Discrimination and Hostile Work Environment Jury Verdict for Plaintiff Upheld