Title VII of the Civil Rights Act of 1964

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In Chauhan v. MM Hotel Management LLC et al, 18-cv-5963, 2019 WL 6118006 (E.D.N.Y. Nov. 18, 2019), the court, inter alia, dismissed plaintiff’s clams of race, national origin, and religion-based hostile work environment claims. First, the court summarized the legal standard: To establish a hostile work environment claim under Title VII, “a plaintiff must show…

Read More Hostile Work Environment Claims Dismissed; 6 Incidents Over a 15 Year Period Insufficient
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“Clever men may easily conceal their motivations.” Thus writes the Second Circuit in a recent case, Khanna v. MUFG Union Bank, N.A., 2019 WL 6127418 (2d Cir. Nov. 19, 2019) (Summary Order), in which the court vacated the district court’s dismissal – under Federal Rule of Civil Procedure 12(b)(6) – of plaintiff’s race and gender…

Read More 2d Circuit Revives Race/Gender Discrimination Claims
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In Crawford v. ExlService.com, LLC, 2019 WL 5887214 (SDNY Nov. 12, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. The court…

Read More Hostile Work Environment Claim Survives Summary Judgment Against ExlService
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In a recent decision, Moxley v. State of New York, 17-cv-691, 2019 WL 5788440 (W.D.N.Y. Nov. 6, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. Among plaintiff’s allegations supporting this claim was her contention that her supervisor’s nephews (and co-workers) “g[ave] her dirty looks.” Regarding this allegation, the court explained : Frequent…

Read More Hostile Work Environment Claim Dismissed; Evidence, Including “Threatening Looks”, Insufficient
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In Robinson v. Medical Answering Service et al, 5:18-CV-1222, 2019 WL 5653378 (N.D.N.Y. Oct. 31, 2019), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964, on the ground that that claim was (a) not asserted in plaintiff’s EEOC filing, and (b) not “reasonably related”…

Read More Race Discrimination Claim Dismissed as Not Administratively Exhausted at the EEOC; Not “Reasonably Related” to EEOC Gender Discrimination Claim
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In Ireland v. Rochester Institute of Technology et al, 19-cv-6392, 2019 WL 5538371 (WDNY Oct. 25, 2019), the court, inter alia, dismissed plaintiff’s claim of sexual harassment under the New York State Human Rights Law (NYSHRL).[1]The court dismissed as time barred plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of…

Read More Sexual Harassment Claim Dismissed; “Crude” Comments Held Insufficient Under State Law
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In Lawrence v. Chemprene, Inc. et al, 18-CV-2537, 2019 WL 5449844 (SDNY Oct. 24, 2019), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. While plaintiff’s allegations were, in the court’s words, “revolting” – including use of the words “black motherfucker” and “stupid nigger” – they were insufficiently demonstrative of a hostile work…

Read More Hostile Work Environment Claim Dismissed; Secondhand “Black Motherfucker” Comment, Among Others, Insufficient
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In Ahmed v. American Museum of Natural History, 18-3295-cv, 2019 WL 5302824 (2d Cir. Oct. 21, 2019) (Summary Order), the court affirmed the dismissal (on summary judgment) of plaintiff’s retaliation claims. In sum, plaintiff asserted that defendants retaliated against him for objecting to sexual harassment that he witnessed, in violation of Title VII of the…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Dismissed Against American Museum of Natural History
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In Allen v. City of New York et al, 2019 WL 5450874 (SDNY Oct. 23, 2019), the court, inter alia, dismissed plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. This claim failed, held the court, because plaintiff failed to proffer an actionable “adverse employment action.” To survive a motion…

Read More Title VII Race Discrimination Claim Dismissed; Social Worker Plaintiff Failed to Allege an “Adverse Employment Action”
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In a recent decision, Colon v. St. John’s Riverside Hospital, 19-cv-5846 (SDNY Oct. 15, 2019), the court dismissed plaintiff’s race discrimination claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The court summarized the law: To state an employment discrimination claim under Title VII or § 1981, “a…

Read More Court Dismisses Race Discrimination Complaint; Offers Guidance For Amended Complaint
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