Title VII of the Civil Rights Act of 1964

In Carrington v. Mota & City of New York, 2017 WL 3835883 (S.D.N.Y. Aug. 31, 2017), the court recommended the dismissal of plaintiff’s race discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964 (but gave her an opportunity to amend her complaint). As to plaintiff’s race discrimination…

Read More Court Dismisses Race Discrimination Claim; Adverse Action, Inference of Discrimination Insufficiently Alleged
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In Welch v. Bill Cram, Inc. et al, 2017 WL 3676040 (W.D.N.Y. Aug. 25, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of quid pro quo sexual harassment, hostile work environment sexual harassment, and retaliation (but granted it with respect to his gender discrimination/disparate treatment claim. With respect to plaintiff’s quid…

Read More Sexual Harassment & Retaliation Claims Continue Against Upstate Auto Dealer Bill Cram, Inc.
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In Legg v. Ulster County, et al, 2017 WL 3668777 (N.D.N.Y. 09-cv-00550 Aug. 24, 2017) (J. Scullin), the court – after upholding a jury verdict in plaintiff’s favor on her Title VII hostile work environment/sexual harassment claim[1]I discussed this aspect of the case here. – held that the damages awarded by the jury to compensate…

Read More Court Remits $200K Emotional Distress Damage Award to $75K in Hostile Work Environment/Sexual Harassment Case
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In Legg v. Ulster County, et al, 2017 WL 3668777 (N.D.N.Y. 09-cv-00550, Aug. 24, 2017) (J. Scullin), the Northern District of New York, inter alia, upheld a jury verdict in favor of one plaintiff (a female corrections officer) on her hostile work environment claim under Title VII of the Civil Rights Act of 1964.[1]The court also…

Read More NDNY Upholds Sexual Harassment/Hostile Work Environment Jury Verdict for Plaintiff Corrections Officer
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In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s discrimination and retaliation claims. As to plaintiff’s retaliation claim, the court explained: It is true that, roughly five months prior to her termination, Caruso had filed a…

Read More 2d Circuit Affirms Dismissal of Retaliation Claim, Finding That Termination Was Caused by Fight With Co-Worker, Rather Than Sexual Harassment Complaint
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In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed summary judgment in defendant’s favor on plaintiff’s employment discrimination and retaliation claims. As to the discrimination claims, the court explained: Substantially for the reasons stated by the District Court, we conclude…

Read More 2d Circuit Affirms Dismissal of Race/Sex/National Origin/Age Discrimination Claims; Fight With Co-Worker, Not Unlawful Bias, Was Reason for Termination
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In Schultz v. Congregation Shearith Israel of the City of New York et al, 2017 WL 3427130 (2d Cir. Aug. 10, 2017), the court addressed the following issue: whether a cause of action under Title VII can be based on notice to an employee of a termination of employment effective in approximately three weeks, that…

Read More 2d Circuit Holds That Title VII Claim May Be Based on Subsequently-Revoked Notice of Termination
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Proving employment discrimination is no easy task. Over time, courts have developed an analytical method for evaluating such claims. Proving Employment Discrimination With “Indirect” or “Circumstantial” Evidence When a plaintiff alleges employment discrimination based on indirect, or circumstantial, evidence, courts employ the “burden-shifting” framework set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792…

Read More Proving Employment Discrimination
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In Sosa v. Rockland County Community College, 2017 WL 3105872 (SDNY July 20, 2017), the court dismissed plaintiff’s national origin discrimination (failure to promote) claim. “To establish a prima facie case of race or national origin discrimination under Title VII, a plaintiff must show that: (1) [s]he belonged to a protected class; (2) [s]he was…

Read More Court Dismisses Mexican-American Professor’s Title VII National Origin Discrimination (Failure to Promote) Claim
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In Bentivegna v. People’s United Bank, No. 214CV599ADSGRB, 2017 WL 3394601 (E.D.N.Y. Aug. 7, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims. The law: To establish a hostile work environment claim under federal and New York State law, a plaintiff must demonstrate that the conduct at issue…

Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Sexually Inappropriate Comments and Belittling Plaintiff in Front of Male Co-Workers
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