Title VII of the Civil Rights Act of 1964

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In MacAlister v. Millennium Hotels & Resorts et al, 2019 WL 3765825 (S.D.N.Y. August 9, 2019), the court held, inter alia, that plaintiff – a white American woman over the age of 40 – sufficiently alleged discrimination and a hostile work environment based on her age. gender and race. As to plaintiff’s discrimination claims, the…

Read More “Old White Bitch” Among Comments Held Sufficient to Allege Age/Race/Gender Discrimination & Hostile Work Environment Claims
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In Gayle v. Children’s Aid College Prep Charter School et al, 18-cv-9874, 2019 WL 3759097 (SDNY July 29, 2019), the court dismissed the sexual harassment claim of plaintiff – an employee of a federally-funded educational institution – brought under Title IX of the Education Amendments of 1972, finding that Title VII of the Civil Rights…

Read More Instructor at Federally-Funded School Had Exclusive Remedy for Sexual Harassment Under Title VII, Not Title IX, Court Rules
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In Young v. Town of Islip et al, 2019 WL 3412113 (E.D.N.Y. July 29, 2019) – in which plaintiff asserted, inter alia, claims of race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 – the court denied plaintiff’s motion for a new trial under Federal Rule of Civil…

Read More Verdict Sheet Did Not Confuse Jury in Race Discrimination/Hostile Work Environment Claim, Court Holds
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In Guity v. Uniondale Union Free School Dist., 2019 WL 3402280 (E.D.N.Y. July 26, 2019), the court, inter alia, dismissed plaintiff’s race/ethnicity-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. Plaintiff – a high school Spanish teacher – alleged among other things that she was targeted because she was…

Read More Title VII Hostile Work Environment Claim Dismissed Against Uniondale Union Free School District;
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In Babbitt v. Koeppel Nissan, Inc., 2019 WL 3296984 (EDNY July 23, 2019) – an employment discrimination, sexual harassment, and retaliation case brought under Title VII of the Civil Rights Act of 1964 – the court ruled on the parties’ respective motions to compel discovery. One issue addressed by the court – which has become…

Read More Social Media Discovery Compelled (in Part) in Sexual Harassment Case
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A recent decision, Konteye v. NYC Dept. of Education et al, 2019 WL 3229068 (S.D.N.Y. July 18, 2019), yet again illustrates that not every perceived workplace slight gives rise to an actionable “hostile work environment” claim. From the decision: [C]onsidering the totality of the circumstances, Plaintiff failed to meet his burden of showing that “[his]…

Read More Title VII Hostile Work Environment Claim Dismissed; Notwithstanding Allegations of Verbal “Harassment”, Screaming, Criticism, Etc.
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In Cao-Bossa v. New York State Dep’t of Labor, 18-CV-0509, 2019 WL 2743505 (N.D.N.Y. July 1, 2019), the court, inter alia, held that plaintiff should be permitted to amend her complaint to add a claim for national origin discrimination. From the decision: As to Plaintiff’s claim for national origin discrimination, Defendant argues that amendment would…

Read More National Origin Discrimination Claim by Chinese Plaintiff May Proceed; Persons Identified as “American” Were Appropriate Comparators
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In Doe v. Gong Xi Fa Cai, Inc. d/b/a Alta Restaurant, 2019 WL 3034793 (SDNY July 10, 2019) – in which plaintiff asserts claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. and other statutes for alleged sexual discrimination and retaliation – the court denied plaintiff’s motion to…

Read More Sexual Harassment Plaintiff May Not Proceed Anonymously, Court Concludes Upon Application of 10-Factor Test
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In Bugtani v. Dish Network LLC, 2019 WL 2914158 (EDNY 2019), the court, inter alia, held that plaintiff’s employment discrimination and sexual harassment claims under Title VII of the New York State and City Human Rights Laws were subject to arbitration. From the decision: The arbitration agreement that the plaintiff signed is broad, see Johnston…

Read More Employment Discrimination, Sexual Harassment (Non-SOX) Claims Are Subject to Arbitration, Court Holds
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In Howard v. Port Authority of New York & New Jersey, 2019 WL 2910684 (2d Cir. July 8, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s sex discrimination claim under Title VII of the Civil Rights Act of 1964. The court provides an instructive overview of what a plaintiff must demonstrate in order…

Read More Second Circuit Affirms Dismissal of Title VII Sex Discrimination Claim Against Port Authority
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