Title VII of the Civil Rights Act of 1964

In Morales v. Supreme Maintenance Inc. et al, No. 1:21-cv-01044-KWR-JHR, 2022 WL 2290605 (D.N.M. June 24, 2022), the court denied defendant’s motion to dismiss plaintiff’s sexual harassment and retaliation claims. As to plaintiff’s retaliation claim, the court explained: Here, Plaintiff alleges that she engaged in protected activity by opposing sexual harassment by an employee at…

Read More Sexual Harassment, Retaliation Claims Survive Dismissal; Complaint Alleged Harassment by Non-Employee
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In Thange v. Oxford Global Resources, LLC, 19-5979 (ES) (JRA), 2022 WL 2046938 (D.N.J. June 7, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race, religion, and national origin-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. The court summarized the elements of…

Read More Race, Religion, National Origin Hostile Work Environment Claims Survive Summary Judgment; Evidence Included “Jihadi” Comment
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In Louis v. Window Rock Unified School District, No. CV-20-08193-PCT-DJH, 2022 WL 2132239 (D.Ariz. June 14, 2022), the court, inter alia, dismissed plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s claims arose from text messages exchanged between her and a non-party (the School…

Read More Text Message-Based Hostile Work Environment Sexual Harassment Claim Dismissed
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In McGrier v. Capital Cardiology, 1:20-cv-01044 (BKS/DJS), 2022 WL 2105854 (N.D.N.Y. June 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-promote race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff asserted a number of adverse employment actions, including receipt of a corrective action notice, and…

Read More Race Discrimination Failure-to-Promote Claim Survives Dismissal
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In Ilana Gamza-Machado de Souza v. Planned Parenthood Federation of America, Inc. et al, 21 Civ. 5553 (LGS), 2022 WL 2047580 (S.D.N.Y. June 7, 2022), the court held that plaintiff, a Jewish woman, plausibly alleged retaliation claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and…

Read More Jewish Woman Sufficiently Alleges Retaliation Against Planned Parenthood
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In Estevez, Mancini, and Mekuli v. Berkeley College et al, No. 18-CV-10350 (CS), 2022 WL 1963659 (S.D.N.Y. June 6, 2022), an employment discrimination case, the court considered defendants’ motion for attorney fees following the court’s prior summary judgment dismissal of plaintiff’s claims. Many of the anti-discrimination laws – including Title VII of the Civil Rights…

Read More Court Finds That “Thin” Retaliation Claims Were Not “Frivolous” so as to Warrant an Award of Attorney Fees to Defendants; Cautions Plaintiffs’ Counsel
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In Pattanayak v. Mastercard Inc., 21 Civ. 2657 (GBD), 2022 WL 2003317 (S.D.N.Y. June 6, 2022), the court, inter alia, denied plaintiff’s request to amend his complaint to bolster his hostile work environment claim, finding that claim futile. From the decision: A plaintiff alleging a hostile work environment claim must demonstrate that his workplace was…

Read More Court Denies Leave to Amend Hostile Work Environment Claim; Alleged Excessive Workload Etc. Insufficient
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In Pachura v. Lloyd J. Austin, III, Secretary, Department of Defense, 6:21-CV-0316 (LEK/ATB), 2022 WL 1909546 (N.D.N.Y. June 3, 2022), the court denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations, in sum, as follows: Between…

Read More Sexual Harassment Claim Survives Dismissal; Allegations Included Harassment by Facebook Messenger
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In Onely v. Redner’s Markets, Inc., No. 21-4785, 2022 WL 1773606 (E.D.Pa. June 1, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: After disregarding legal conclusions, the…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal; Allegations Included Reference to “Offensive” Hair
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